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struction activity called for by the consent degree, an understanding that he claimed Konick breached just two days later in a letter to zoning administrator Evan McNear.
Konick said that his clients wanted only to have limits in the consent decree modified to coincide with the four hour restriction from the health department. The rush for a hearing arose, he said, over the upcoming resignation of the county’s zoning administrator coupled with vacations of both Rappahannock’s commonwealth’s attorney Douglas Baumgardner and Judge Robertson scheduled the same week as the start of the camp meeting.
Enforcement Question
Konick said that William Burke, head sanitarian for the five-county district, likewise felt the potential conflict between the health department permit and consent decree needed to be brought to the court’s attention in advance. He reported that the zoning administrator felt enforcement of the septic permit was the health department’s responsibility while Burke wasn’t sure what, if any, enforcement powers be held.
According to Judge Robertson, reasonable notice is generally deemed to be five days. He added, however, that there’s no legal definition, that reasonable notice is an elastic rule governed by the circumstances of a case. Robertson also noted that it’s
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