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The clipping this text was read from
The clipping this text was read from

By DAPHNE HUTCHINSON

Rappahannock News Staff Writer

The stakes have been upped in the case of the illegal subdivision.

On behalf of Ivan and Hazel Hall, attorney David Konick has filed a complaint seeking $250,000 in damages, plus attorney fees and costs, from the county for the alleged violation of his clients’ civil rights.

In addition, he asked the court for a temporary injunction, restraining Stella and Oscar Lozano from selling either of their 12-acre lots on Route 612 near Sperryville and enjoining the county from issuing a building or other permit for the lots. Mr. Konick also petitioned the court to declare null and void the 1977 subdivision plat dividing the 26 acres now owned by the Lozanos into two 12-acre lots and the special exception granted by the supervisors earlier this month to validate that subdivision.

The county, the Halls and the Lozanos agree that the 1977 subdivision violates Rappahannock’s ordinances. But agreement stops there.

The Lozanos contend that they are entitled to rely on that subdivision - which allows them to sell their 26 acres as two lots - because the county’s agent, Zoning Administrator Evan McNear, approved the division. Rejoining the two unimproved lots into a single parcel would cause them financial hardship, the Lozanos maintain.

Ivan and Hazel Hall, the adjoining landowners, argue that they are

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