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behalf of Mr. and Mrs. Fred Schaefer. Louise Varner, Mr. and Mrs. Roy Alther and Mr. and Mrs. Curtis Dodson.
Davis, one of the architects of Rappahannock’s zoning laws, maintains that the BZA’s granting of Johnson's variance and special use permit violates provisions of the flood plain district and provisions for nonconforming uses as well as standards set by the State Water Control Board.
The suit alleges that the auto shop and storage business will work a substantial detriment on adjacent properties and will change and severely damage the character of the flood plain and adjacent residential business districts.
The suit further charges that the BZA’s action to grant the variance and special use permit was (a) arbitrary and capricious, (b) vague and ambiguous, (c) without reasons or purpose for such determination and (d) an illegal exercise of legislative authority.
Papers Filed by Davis maintain that the zoning board's decision “violates the integrity, purpose and intent of the ordinance and is shocking to the conscience of a reasonable person."
In addition, Davis asks that the permit and variance be declared null and void and the BZA be required by the court to pay the cost of the legal proceedings instituted by his clients.
The case is set for May 17 for the purpose of scheduling a trial date.
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