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promoted ouuaing in a nooa plain. "The only question I can see is whether Sperryville is in a flood plain,” said Davis. Since county zoning maps, part of the Zoning Ordinance, show Sperryville as lying within flood plain boundaries, Davis dismissed the need for more evidence on this point. Noting that DeMent had alledged that the BZA acted with malice and bad faith, Fitzgerald told Snead that he’d want to present more evidence if this charge was pursued.
"Do you wish to pursue this?” Snead asked Crigler.
“Yes sir," the attorney answered.
Legal Questions
Fitzgerald announced that the BZA would acknowledge that Sperryville was in a flood plain. With this out of the way, he said, seven questions—“all a matter of law, of reading the zoning ordinance”—remain to be answered that require no additional evidence.
The questions, plus an additional inquiry as listed in a memorandum filed by Fitzgerald, are:
1. Did the BZA have authority to grant DeMent a special use permit?
2. Did the BZA show an abuse of discretion in granting the permit?
3. Did the BZA have
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