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By DAPHNE HUTCHINSON
Rappahannock Ncv* Staff Writer
Two surprises, one for the prosecution and one for the defense in the case of developer C. L. Goode versus the Rappahannock Board of Supervisors, have forced postponement of the long delayed trial for another three months.
In circuit court on Tuesday, Judge Carlton Penn continued the case until December 11 to give both sides time to react to two rulings: (1) that Goode could attack the validity of the county’s zoning and subdivision ordinances in his suit and (2) that Rosser Payne, planning expert from Warrenton who has testified in over 160 Virginia zoning cases, can’t be forced to appear as an expert witness for Goode without compensation.
For three years beginning in September, 1976, Goode has sought approval for his five acre, 14 lot Flint Hill subdivision. The supervisors, following a recommendation from the planning commission, denied Goode’s rezoning application for the proposed subdivision in August, 1977.
After filing suit to obtain a reversal of the decision, the developer tried to win approval under the subdivision ordinance by dividing the tract into three separate subdivisions, each five lots or less. He was turned down again by both the zoning administrator and the planning commission in late 1977.
Goode reapplied under the subdivision ordinance, this time going directly to the supervisors in December, 1978, and was turned down a third time on the grounds that his development didn’t substantially comply with ordinance provisions on slope.
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