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review” in an appeal of BZA action. The law, he said, doesn’t allow for review of the ordinance on which the decision was based as part of writ of certiorari petition. He added that there were other legal avenues open for this type of constitutional challenge.
Fitzgerald further alledged that the Supervisors weren’t an aggrieved party and so should not be allowed to intervene in the case. If the Supervisors don’t want the BZA to have the authority to cither grant special use permits in a residentialbusiness district or to revoke special use permits, then they should amend the ordinance to disallow both actions, according to Fitzgerald. Also, he maintained, if the Supervisors object to the issuance of the building permit to DeMent, then they can void the permit since it was granted by their agent. There is nothing for the
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