“David Konick believes that the 10-foot elevation increase is

“David Konick believes that the 10-foot elevation increase is subject to the Zoning Appeals Board’s approval,” Mr. Davies wrote. “He indicated that it was not included on the site plan, and he would request an injunction to stop it. . . He indicated that he would institute an action in Federal court outlining problems with the existing landfill and request that it be closed pending evaluation.”

Mr. Davies conceeded the validity of the contention that authority to approve the 10-foot elevation may rest with the BZA, not the Board of Supervisors.

“The second point raised is one which would be very expensive both to the county and to my clients. Federal court is not where either of us want to be,” he maintained.

The Culpeper attorney reported that he and Mr. Konick had forged a compromise for the supervisors to consider. “David Konick wants an assurance by the Board of Supervisors that the Clifton Clark location will not be utilized as a landfill by Rappahannock County after July 1, 1987. Given the present situation and the efforts which are being made by the Board, this would appear to be a reasonable stipulation,” Mr. Davies wrote.

In accordance with the compromise, Mr. Konick presented the supervisors with a resolution on Friday.

The resolution noted that the special use permit granted by the BZA for the Clifton Clark property landfill was to be only “temporary,” although in fact the landfill has been operated there for nine years and is proposed to be extended for another year.

The resolution stipulates that the landowners represented by Mr. Konick will not challenge continuation of the existing landfill if the supervisors agree to locate “the new Rappahannock County landfill . . . somewhere other than on the Clifton Clark property.” In addition, the board must pledge that it will not seek “to acquire all or any portion of the Clark property for use as a sanitary landfill, by eminent domain proContinued

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