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purpose and intent” of the zoning ordinance and repeated that it was the Supervisors’ responsibility to enforce the zoning ordinance with respect to violation by agents of the Board. Fitzgerald, in rebutal, said he didn’t question the right of the Supervisors to intervene to defend the constitutionality of the zoning ordinance but maintained this question was not addressed in the intervention petition filed by Davis.
Judge Penn agreed. He noted that Davis had ’’alluded” to the constitutional challenge and “peripherally mentioned” costs and counsel fees for which the county may be liable but had failed to raise these issues properly in the intervention petition.
However, Penn said the argument that the BZA acted beyond its powers in considering the special use permit application gave the Supervisors a “toe hold" to come into the suit. He also granted Davis 21 days to amend the intervention petition to reflect arguments regarding constitutional questions and possible costs and attorney’s fees that may be incurred by the BZA and ultimately, the county.
Fuel Bill Help
The Emergency Energy Assistance Program, which offers help to low-income persons with their unpaid fuel bills from the past winter, has been extended. Please contact the Rappahannock-Rapidan Area Agency on Aging before May 12, 1978 if you think you might be eligible and you have not yet applied.
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