Block · one region of the page, as the scanner read it. It may hold a whole story, part of one, several, or an advertisement; stitching blocks into articles is the next step. Text is supplied OCR.
Page 2 · column 3 of 9 · from the scan, no model involved
the action as an aggrieved party on the basis that the BZA did not have the authority to issue the permit in the first place.
On August 31, Circuit Court Judge Rayner V. Snead ruled that the BZA had authority to both issue and revoke DeMent’s special use permit and then on November 13 ruled that the revocation was neither arbitrary nor capricious.
(After an executive session at last Thursday’s Board meeting, chairman E. P. Luke reported that the Supervisors had voted to take no further action in the DeMent case, although Judge Snead’s ruling apparently,', leaves the building erected h^,\ DeMent without a buildiftg.', permit or a special use/, permit required for new’ structures in a flood plain.)
Of the total $4,422 legal bill, $744 is from the DeMent case with the Balance —$3,679.55—from the Ski Corporation suit. Thursday’s refusal was the third time that the Supervisors have balked at paying the BZA’s legal fees.
At the April Board meeting, BZA chairman Josef Gardiner requested an appropriation of $3,000 to add to the BZA’s balance of $1,897 to cover the cost of legal defense. Gardiner noted that the BZA had turned back approximately $14,000 in unused funds to the county over the past ten years and told the supervisors that Fitzgerald estimated fees for the BZA defense in the Ski Corporation suit would run about $3,000.
However, despite Luke's insistence that the Board was ultimately responsible for the cost of the BZA’s counsel and his reminder that the Supervisors had previously committed themselves to paying legal bills for the ( DeMent case, the Board refused to transfer funds to the BZA account. Instead, the Supervisors agreed to limit payment to the $1,800 1 in the BZA account. ' In July, the Supervisors voted again to leave all but $1,800 of the legal bill unpaid and further stipulated that the money in the BZA account be used first to pay costs of the DeMent case with any leftover balance applied to expenses in the Ski ’ Corporation suit. j Last Thursday, after 1 Supervisor Baldwin moved that the attorney’s bill not be paid, Dick Latham asked if the Board hadn’t agreed to pay legal fees up to a certain amount. "$1,600 and we’ve already paid that," replied Supervisor Butch Eastham, seconding the motion. With no further discussion, the vote was unanimous to deny payment.
89.4%