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trative remedy equal to the relief sought.” Mr. Konick pointed out that the Halls are not challenging the validity of the Rappahannock County Subdivision Ordinance “but are seeking the enforcement of its express provisions.”
Since nullifying the 1977 subdivision by Lindgren Land Inc, by adopting an ordinance to vacate “would constitute admission by the governing body that its agent acted improperly” when the subdivision plat was originally approved, “enactment of such an ordinance would expose the county to a claim for money damages,” Mr. Konick maintained.
“Thus it is a foregone conclusion that the county board will refuse to adopt an ordinance vacating the subdivision plat,” he insisted, describing such a request by the Halls as a “pointless exercise. ”
In his request for reconsideration, Mr. Konick wrote that the judge had “apparently overlooked” a section of Rappahannock’s subdivision ordinance that provides for direct judicial review of an approved plat by the circuit court whenever an interested party “contends that such
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