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hardship and without making required findings of fact.
In response, commonwealth's attorney Douglas Baumgardner, acting as counsel to the BZA, asked Judge Robertson to dismiss the request for review on the grounds that Krebser and Bird did not have standing to bring the suit and that they failed to cite in their petition the grounds under which they were "aggrieved” by the variance approval.
“Every citizen of this county is aggrieved when an illegal decision is made by an arm of county government,” Konick maintained on Thursday. "Justice would be served by letting this decision be reviewed," he argued, adding that if the BZA’s action was erroneous, it should be reversed and if the board acted properly, no harm could come from having the court review the issuance of the variance.
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