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On Thursday, May 6, Circuit Court Judge Shore Robertson granted a temporary restraining order enjoining Carson Johnson from proceeding renovation work for an auto shop and storage business authorized last year by the Rappahannock Board of Zoning Appeals.
In May, 1981, immediately following the BZA’s issuance of a variance and special use permit for renovating the old bumed-out co-op building in Sperryville neighboring landowners filed suit to have the court review the BZA’s action.
But the suit remained in the “pending” category and no steps towards resolving the issue were taken until Johnson obtained a building permit last week.
Zoning administrator David Konick reported tha(t he issued the building permit even though legal action was pending, basing his decision on section 16-7-2 of the county’s zoning ordinance. The section provides for review of BZA decisions with the filing of a writ of certiorari with the circuit court.
But Konick noted that the section also specifies that “allowance of the writ shalj not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order."
Request for review was filed May 22, 1981, by attorney George Davis on
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