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Acts with charges that the county’s land use policies are exclusionary and discriminatory.
At last month’s Planning Commission meeting, Rappahannock’s County Administrator John McCarthy dismissed the discrimination claim as a now-standard ploy in all land-use cases where counties have large lot zoning. That same charge has been previously leveled at Rappahannock County; here and elsewhere, such accusations have not been upheld with any regularity by the courts, Mr. McCarthy assured the planners.
According to Rappahannock’s administrator, it's not the civil rights angle that should catch the interest of officials here, but rather the suit’s claim that by adding a special exception permit to the subdivision approval requirements, Fauquier County is adding a legislative function to what should be an administrative process.
Rappahannock’s zoning ordinance, written by Fauquier planning director Richard McNear and modeled after Fauquier’s, has essentially that same requirement.
Fauquier’s special exception section is very similar to Rappahannock’s, Mr. McCarthy confirmed in an interview this week, “but there are crucial differences.”
On the surface, Rappahannock looks more vulnerable — not less. In Fauquier, a special exception from the
See SUIT, p. 16
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