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construction of a storage shed and (2) subsequently revoking the same permit when DeMent allegedly failed to comply with stipulated requirements.
In the ski area suit, the Rappahannock Ski Corporation is challenging the BZA's denial of a special use permit for an Alpine slide, skiing and related recreational activities planned for a site in Harris Hollow.
The Supervisors have been allowed by the court to intervene in both cases on the grounds that the BZA exceeded its authority in (1) granting and revoking the permit in the DeMent case and (2) hearing the application in the ski area case.
Luke recalled that the Supervisors had agreed to pay all legal costs in the DeMent case but only $1,800—the amount in the BZA account at the time—for attorneys in the suit with the Rappahannock Ski Corporation.
“To what extent are we obligated?” Luke asked, noting that the Supervisors had set up the machinery for the creation of the BZA and designated authority to that body in the Rappahannock Zoning Ordinance.
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