The 1990 Petitions

In 1990 nearly half the property owners in the District petitioned to be removed from the District due to inconsistent application of law. Before the Council vote on the removal petition the following statements were issued specifically regarding the Windover Heights Historic District:

"There are 3000 historic districts in the U.S. None have ever been repealed. I am only aware of one property that was ever removed from a historic district. That was in Chicago. It was removed by court order because the property had been damaged to the point where it had no historical character left and could not contribute to the district. What reasons have the petitioners given for removal? None, except wanting out. If you grant this, you will get applications for exemption from the height ordinance and every other ordinance which people perceive affects them adversely. You should also be aware that the removal of any property from the District, effectively repeals it. The Ordinance encompassed an old venerable neighborhood in Vienna called the "Hill". It is a geographical entity. All of the Hill must be included or none. This logic was accepted by the Council in 1979 and is just as valid in 1990."
Charles Sloan
January 16, 1990

More was added to the subject:

"Permitting individual property owners to "opt out" of the historic district simply because they would prefer not to be regulated would undercut not only the effectiveness of the historic district ordinance as a whole, but also the perception that the ordinance is fairly and rationally applied."
Paul Edmondson
National Trust for Historic Preservation
March 15, 1991

In 1991 the Vienna Town Council voted to remove 3 properties (243 Church Street, 125 Pleasant Street and 129 Pleasant Street) from the District. The Council randomly decided to let some owners out, but not others. However, by the logic of Sloan and others above ANYONE should be able to get out of the District if they so desire.