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Page 3 · column 2 of 7 · from the scan, no model involved
traffic from the church would destroy the comfort and privacy at the Halls’ residence and that the building’s sewage disposal system posed “an imminent pollution threat” to both the Rush River and Mr. Hall’s fish ponds.
Describing the BZA’s decision as arbitrary, capricious, unreasonable and plainly wrong, the former Rappahannock zoning administrator argued it violated provisions of the county’s com-prehensive plan and zoning ordinance, specifically a prohibition against resubdivision.
Mr. Konick charged that the lot intended to be conveyed to the church is part of a parcel illegally resubdivided in 1977. He maintained that the BZA asked the supervisors and the county attorney to investigate the alleged resubdivision but that no remedial action to vacate or cancel that earlier subdivision was ordered.
In response, county attorney Peter Luke and Elliott DeJamette, attorney for Mr. Lozano, countered that the Halls lacked standing to object to the earlier subdivision and that the BZA acted properly in granting the permit and variance, requesting dismissal of the Halls’ suit.
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