leas than 25 acres.” Count two alleges that the

leas than 25 acres.”

Count two alleges that the BZA acted in bad faith in approving the permit because it did not get legal adivice from Rappahannock’s county attorney on matters of law brought up by the Halls at the March 27 BZA meeting. Thus the suit claims the Halls are entitled to attorney’s fees.

At issue in count three is the legality of a resubdivision in 1977 of the Lozano’s 26-acre parcel of land. That resubdivision divided the Lozano’s property into two tracts of 12.8 acres, one of which (tract two) they have contracted to sell to the trustees of the Sperryville Assembly of God. Count three states “the subdivision ordinance probibits the resubdivision of any lot in an administratively approved subdivision of five lots or less....” Then it alleges that tract two was a lot in an administratively approved subdivision of less than five lots.

Count three lists a host of other reasons why the resubdivision in 1977 of the Lozano property was illegal.

Count four alleges that the BZA, Board of Supervisors and zoning administrator were aware that the Lozano property was illegally resubdivided, yet each failed to act to rectify the matter by enforcing the Subdivision Ordinance. Thus count four states that the supervisors’ and BZA’s failure to take appropriate action has violated the Hall’s “rights, privileges, and immunities guaranteed by the...Constitution of Virginia, the Equal Protection and Due Process clauses of the Fifth and Fourteenth Amendments” to the U.S. Constitution.

Count five states that the Halls are suffering “irreparable harm” because of the BZA’s approval of the special use permit and the supervisors’ failure to take appropriate action by enforcing “its own ordinance” and correcting the illegal resubdivision of the Lozanos’ property.

This article contained only highlights of the five counts listed in the lawsuit. A copy of the suit may be obtained at the clerk’s office.