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By JANE BANGLEY
BafpafcaMWcfc Newt Staff Witter
Ms. Patricia Saltonatall of Flint
Rappahannock County on October 18 regarding a recent Board of Zoning Appeals decision.
The BZA decided on September 26 that a house Saltonatall built was in violation of the zoning ordinance. The building is in a conservation district which prohibits multi-family dwellings, and the BZA found that the house was built in a duplex style which placed it in violation.
The application for the writ was filed on behalf of Saltonatall by her legal counsel, Doug Baumgardner. Salto ns tall is also represented by David J. Fudala of Alexandria. A Writ of Certiorari enables a superior court to call up for review the records of an inferior court or quasi-judicial body.
The application states that the BZA decision was arbitrary and capricious, was contrary to the weight of the evidence, and incorporated an erroneous view of the law. It further states that the BZA has no jurisdiction to render such a decision or to review the opinion of Zoning Administrator David Konick, and that the grounds of Appeal filed by the Kidwells leading up to the September 26 decision were insufficient in law and should not have been prosecuted.
The BZA took into account evidence not legally pertinent to the question before it, according to the application, and failed to account for the other pertinent evidence before it. The application also states that the BZA refused to allow the introduction
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