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and private schools by special use permit in an agricultural district contravenes the Virginia Constitution and statute laws.
The school boad received a verbal legal opinion from commonwealth’s attorney Douglas Baumgardner that “a point of law exists as to whether the school board must secure the permit,” according to Eastham.
In his letter to the supervisor chairman, be noted, however. that Baumgardner "did < not elucidate further on that 'point of law’ (as far as the school board was told) but, rather, offered a gratuitous ’political’ i.e., non-legal, recommendation — that the school board go ahead and submit to the permit requirement in the zoning ordinance ‘in order to avoid any controversy.’ ”
(The three members present at the September school board meeting after an irate Eastham departed voted unanimously to apply for a special use permit. At the same time, they agreed to seek the opinion of the board's special counsel, Harrisonburg attorney Phillip Stone — action demanded earlier in the meeting by the Wakefield District representative. According to
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