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Ordinance, despite a request from the Circuit Court judge.
(Judge Carlton Penn, at a pre-trial conference « in Leesburg on litigation involving the Ski Area, BZA and Board of Supervisors, had asked for "recreation” to be clarified. This request, according to Luke, was part of the reason for adoption of the “clarifying” amendments.)
Luke, joined by the rest of the Supervisors, countered that the addition of “outdoor” to recreation both restricted and clarified the term. In addition, he said that all requirements in Article XIII of the zoning ordinance have to be met by any proposed outdoor recreation use, even though outdoor recreation is allowed by right.
The Supervisors then voted unanimously to reject RLEP’s request that they reconsider the ordinance amendments, as Luke folded RLEP’s letter and handed the envelope back to Marshall.
(Delegate George Beard, Rappahannock's representative in the Virginia General Assembly's House of Delegates, requested an opinion from Attorney General Marshall Coleman on September 13 regarding the legality of the Board of Supervisor's acting on ordinance amendments without a recommendation from the Planning Commission. Beard reported that he’d received a letter from Coleman dated September 28 stating that the Attorney General's staff was currently researching the issue.)
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