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defendants in this case are the members of the BZA, not the property owners who requested the variance.”
Motion To Dtemiaa
In response to the request for a review of the BZA’s action by the circuit court, commonwealth’s attorney Douglas Baumgardner, acting as counsel to the BZA, filed a motion to dismiss on Monday.
In his motion, Baumgardner maintained that the petition for review of the BZA’s action is not in proper form since it does not specify the grounds on which Krebser and Bird are aggrieved by the granting of the variance. The Virginia Code “requires that petitioners be aggrieved by the decision appealed from and further requires that the grounds upon which petitioners are aggrieved be specified in the petition,” according to Baumgardner.
Papers filed in Bird’s and Krebser’s behalf allege only that they have standing to bring the action by virtue of
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