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Scotts, but in the meantime, Mr. Scott had heart surgery. After several letters to the Scotts produced no action, Mr. McCarthy put the item before the Board of Supervisors in September. The board was asked to take legal action to have the pond removed. The Scotts appeared at that meeting and said that at the time they put the pond in, they had Mr. Rutherford’s verbal agreement, and indeed that he had been present when the pond had been installed and had suggested that they make it even larger.
The supervisors declined to take legal action and instead recommended that the Scotts apply to the BZA for a variance. During that hearing, all the parties to the
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