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(Continued from Page 1) contend that the BZA had the authority to grant a special use permit, “assuming it was necessary.” He noted that the Code of Virginia delegates the power to establish a Board of Zoning Appeals to local government and lists the BZA’s powers, “one of which is to grant special exceptions.” He also pointed out that section 10-3 of the county zoning ordinance confers the power to grant special use permits on the BZA. If the BZA acted in violation of other ordinances in issuing the special use permit, argued Crigler, then it should be charged with abuse of discretion in acting in an arbitrary and capricious manner, rather than overstepping bounds of authority.
In reply to Davis’ position that the construction of a building in Sperryville’s flood plain placed an additional burden on the Thornton River, Crigler noted that DeMent’s building didn't even have a sewage system. Responding to the prohibition of building in a flood plain, Crigler stated that the Supervisors would be acting in an unreasonable and unconstitutional manner if they said no construction could take place in Sperryville’s flood plain. That would mean ”a major commercial segment can't be improved. It wipes out growth." Crigler said.
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