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stood in order for him to decide the legal questions cited by Fitzgerald.
Crigler answered that he was willing to have questions 1, 3, 5, 6 and 7 decided with no further evidence.
Snead told the lawyers that they had time to file additional memoranda in answer to that filed by Fitzgerald and set August 31 for a ruling.
In the Fitzgerald’s memorandum, he asserted that the Supervisors delegated authority to the BZA to issue special use permits, according to the Rappahannock Zoning Ordinance. The injunction against building in a flood plain, he maintained, applied to the issuance of building permits, not special use permits. The BZA did not abuse discretion in granting the permit as the applicant had shown valid and substantial justification for extending his existing building, Fitzgerald argued.
He noted that the Rappahannock Zoning Ordinance (section 16-2-3)
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