In 1973, the federal government sued the Old Dominion Boat Club. In the decades since, the battle has involved an army of lawyers, countless clerks, two judges, hundreds of boxes of paper, historical cartographers, 18th century weather reports, and even King Charles I’s charter to Lord Baltimore. And it ain’t over yet. The government says that it — and not the members-only boat club — owns the land along the Potomac River. Since the suit was filed, the original judge in the case has died. The docket — the log of motions and counter-motions filed in the lawsuit — runs to 96 pages. Sources familiar with the litigation say it may have cost $100 million so far — about what it would take to redevelop Alexandria’s riverfront. Neither the Justice Department nor the boat club would comment for this article. The lawsuit was prompted by Alexandria residents who were horrified to hear about plans for a high-rise apartment building on the Potomac. They asked the federal government to intervene. The government sued everyone who owned property along the river in Alexandria, arguing that — under the charter given to Lord Baltimore by King Charles I and then falling to the U.S. after the Revolution — both sides of the Potomac belong to the government. The government also argues that the chartering documents for the District of Columbia, which then included Alexandria, gives the government sole rights to the banks because the high-water mark detailed in the 18th century documents went further into Alexandria. Among other things, that means, if the case ever goes to trial — a tough call, given that in 36 years there hasn’t been a single hearing — experts on both sides will argue over where the Potomac’s high-water mark was in 1791. Most of the landowners have settled with the government. The deals made the federal government Alexandria’s de facto zoning board, forbidding high-rise development and guaranteeing public access to the riverfront. “The fact is that the water … belongs in some moral way to the public at large,” said Judy Noritake, an Old Town architect and chairwoman of the citizens’ Parks & Recreation Commission. In August, a federal judge ruled against the government, ruling that, despite the years of litigation, it hadn’t established its claim. The government has filed a notice of intent to appeal.
