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In the opinion of Circuit Court Judge Shore Robertson, Rappahannock County’s zoning ordinance coyld be challenged on the grounds of vagueness in a declaratory judgement action.
Robertson reached that opinion after reviewing the ordinance and the record relative to the Board of Zoning Appeals’ decision of May 14, 1981, to grant a special use permit to Carson Johnson for operation of an automobile shop and storage business in Sperryville.
The BZA’s issuance of the permit has been contested by Mr. and Mrs. Fred Schaeffer and other neighboring property owners in the village. In initiating the certiorari review, the Schaeffers have asked the circuit court to declare the BZA’s action in granting the special use permit null and void.
Judge Robertson held an evidentiary hearing on the case in December, 1982. Then in a surprise move, he announced by letter on February 7 that he will defer ad
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