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review of an April 24 BZA decision to grant a special use permit to the church. The permit would allow construction on a 12.8 acre lot located a4jacent to the Halls’ property on Route 612.
The Halls also asked for $260,000 in damages in addition to attorney's fees and alleged that the 26 acre lot, owned by Oscar and ' Stella Lozano, of Culpeper, was illegally resubdivided in 1977. The suit further alleges that the BZA, the Board of Supervisors and the zoning administrator were aware that the Lozano property was illegally divided, but failed to enforce the Subdivision Ordinance.
In the brief, Luke cited state statutes supporting his contention that the only express right or standing granted by the Code of Virginia concerning subdivision is granted to subdividers and lot owners, and not to adjacent land owners.
Luke anticipates in the brief that the Halls, represented by David Konick, will argue that if the zoning administrator illegally approved a subdivision, there must be some remedy. The remedy would be for the county to “vacate” the subdivision on the petition of an interested party or on its own, according to Luke, and the decision would be best made by a legislative body and not the court.
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