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By DAPHNE McCULLOUGH Rappahannock New. Staff Writer
After a hearing in Circuit Court on Thursday, Judge Carleton Penn allowed the Rappahannock Board of Supervisors to intervene in the suit brought by the Ski Corporation against the county Board of Zoning Appeals (BZA).
Penn ruled that the Supervisors had been aggrieved by the BZA’s denial of the ski area’s special use permit application for a snowless Alpine slide, skiing and other related uses, and made the Board of Supervisors a defendant in the case.
In opening remarks, Commonwealth, Attorney George Davis noted that the petition for writ of certiorari filed by the ski area challenged the county zoning ordinance by specifically attacking the vagueness of criteria established for evaluating special use permits.
Since the constitutionality of the zoning ordinance had been questioned, this made the Supervisors an aggrieved party, argued Davis.
He also maintained that the ski area’s efforts to recover costs and attorney’s fees resulting from the BZA’s denial of the permit application gave the Supervisors status as aggrieved party since the BZA was an administrative body of the county.
“Administration and enforcement of Rappahannock's zoning ordinance is the duty of the Board of Supervisors,” Davis continued. He argued that it is the Board’s burden and responsibility, as governing body of the county, to see that the ordinances are not
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