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expressly gives the BZA the power of revocation on its own motion upon failure of compliance with the special use permit. Adequate cause for revocation existed, Fitz* gerald continued, because there was no mention in the application of the separate, detached building actually constructed by DeMent and because the building’s setback was 20 feet instead of the required SO feet from the Stuckey’s property line.
The BZA did not grant DeMent a building permit, according to Fitzgerald’s memorandum. Instead, it was granted by the Zoning Administrator, an agent employee of the Board of Supervisors, he claimed.
Fitzgerald argued that the constitutionality of the zoning ordinance shound’t be considered in the writ of certiorari proceedings currently before the court. He noted that the Code of
Virginia states a court may "reverse or affirm, wholly or partly, or may modify the decision brought up for
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