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on behalf of the state, said he recommended the board take this action as part of a “belts and suspenders” approach.
He said a 1991 case called on boards to adopt resolutions stating reasons for adopting ordinances. He said it was not unusual for boards not to follow this practice, but adopting the resolution now and readopting the ban will “take it away as an issue so the court has to focus on the substantive issue: whether the county had the authority to adopt the ban.”
He said there were also questions about incineration and landfilling of sludge, and this action will make it clear that those activities are not banned as long as proper procedures are followed.
The suit has been brought in both federal and state courts. Mr. Gilliam said the state case will be heard in Rappahannock in November, and the Federal case will be heard in January in Charlottesvile. In the meantime both sides are filing motions on the case.
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