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"of notable historical or architectural significance."
According to the appeal, designating the boundaries of the historic district as the entire town without specific reference to architecturally significant buildings was inadequate and the district boundaries were not properly drawn.
The town council's decision "unlawfully violated" the Worleys' constitutional right to "equal protection of the law" by denying them the right to use composite, synthetic or other modem materials "that lawfully exist or already had been approved by the ARB for use by a number of previous applicants," the lawsuit said.
The Worleys also contend that the decision denying them the right to build represented an "unconstitutional" taking of property rights without compensation.
Included in the appeal are allegations that two executive sessions held by the ARB in March "were unlawful" and in violation of the Virginia Freedom of Information Act.
The lawsuit also said the Tbwn Council failed to state its findings of fact before rendering its decision thus "manipulating the process" and forcing the Worleys to file an appeal within 30 days "without knowing what the official findings of fact" were.
The Worleys had no further comment on the lawsuit and directed inquiries to their attorney Konick.
"At this point in time, I don't have anything to add to what is in the papers filed in the court," said Konick.
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