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prehensive plan is a “legal back19’’ for the ordinances, and will increase the chances that a legal test of the ordinances will be decided in favor of the locality.
McNear said a county must be prepared to go to court. “When the real growth pressure comes, the ‘big boys’ will not hesitate to haul you into court and use any technicality to get their way,” he said. He noted that in his two and a half years in Fauquier “there has always been something in court.” He added that “the county is doing fairly well” in defending these challenges, and attributed that success to Fauquier’s “foresight in preparing its legal rationale, much of which comes from the comprehensive plan.”
MCNEAR LAUDED Rappahannock’s efforts in preparing their existing zoning and subdivision ordinances. He said these documents represent “an innovative, progressive approach.” He felt, however, they could be successfully challenged in court on many aspects. “This assessment is not meant to be derogatory, but a constructive warning based on an assessment of what has been taking place in Fauquier and the courts nationwide.”
McNear ackowledged that many opponents of comprehensive plans argue that a plan has to provide for growth. McNear agreed that
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