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county.”
But the sole question then is if the board or its agent acted in an arbitrary and capricious manner: “The only appeal that can be taken is ‘Did you gentlemen follow the law?’. It’s a question of adhering to the proper procedures. It’s not a discretionary issue,” Mr. Luke said. As to the current provision that allows a “discretionary” appeal of a subdivision approval, “whether you take it out of the ordinance or not, it’s not a valid provision,” he concluded.
“I don’t see what there is to argue about,” responded Supervisor Estes. “There’s no enabling legislation on the books for this.” ,
“I understand now,” added Supervisor Miller, supporting the repeal of the contested appeal provision and pointing out that citizens have two legal routes for taking a subdivision approval to court.
“It’s just a rotten provision,” said Mr. "Luke. “There’s no time limit,” he added, noting that in a case now before the court, landowner Ivan Hall had challenged approval of a subdivision eight years after the fact.
Rappahannock citizens “haven’t lost anything because they didn’t have it to start with,” said Supervisor Estes after the unanimous vote to drop the appeal provision from the subdivision ordinance.
“Any appeal that was legally possible before is still possible now,” Supervisor Lane agreed.
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