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county’s expense,” said the Jackson District representative. “I don’t think this board wants to be party to someone’s taking money from the taxpayers of this county.”
“A county attorney’s heart starts beating quickly at that word -moratorium,” countered Peter Luke, who fills the dual posts of Commonwealth’s Attorney and county attorney for Rappahannock. “It’s something that the courts in the state of Virginia don’t look too favorably on.”
He pointed out that the supervisors have “no obligation to rezone” any property and can consider each application on a case-by-case basis. “I’m not arguing against the reasonableness” of discouraging land speculation, Mr. Luke said. “But you’d be putting yourself on shakier legal ground (by enacting a moratorium) than if you just say no to a rezoning application . . . With a moratorium, you’re giving them an avenue into court,” the board’s legal advisor warned, adding that an immediate danger to health and safety must be shown to justify the enactment of such emergency legislation.
Supervisor Mike Massie noted that a Rt. 211 rezoning application from Alvin Henry was tabled by the Planning Commission last month. (Mr. Henry is seeking commercial rezoning for 1.6 acres adjacent to the Hampton Inn and across the road from B & B Service Center, with the
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