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use permit unless the BZA had applied eroneus principles of law or unless the evidence proved that the decision was plainly wrong and in violation of the purpose and intent of the zoning ordinance.
Which District?
As the first step in his review, Robertson noted, it was necessary to determine the zone in which the Johnson property lies. “The plaintiffs argue from the evidence that the property is clearly located in an agricultural and/or flood plain district,” said Robertson, citing testimony of Newbill Miller, member of the board of supervisors at the time the 1973 zoning ordinance was adopted, and Benjamin Lee Bird, present chairman of the BZA. In addition, the judge pointed to the 1966 zoning ordinance which indicates Johnson’s property lies outside Sperryville’s residential business district.
“However, the present maps and ordinance which must control the Court’s
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