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Worley
From Page A1
the house’s exterior were deemed not architecturally compatible with structures in the town’s historic district.
The Worleys filed the $995,382.95 lawsuit asking the court to reverse the decisions of the Architectural Review Board and Town Council.
Parker said Monday he hopes to have a decision by April 1 on the motions for summary judgment regarding the validity of the town’s 1992 Historic District Ordinance.
Worleys’ attorney David Konick is seeking to have that ordinance declared invalid because, he contends, it wasn’t adopted as part of the town’s zoning ordinance as required by state law. He said that the ordinance guidelines are “ambiguous and overbroad.”
Konick argued that the Historic District wasn't created properly because it doesn’t have any lawfully designated historic landmarks. According to state guidelines, a site can’t be designated historic unless it has been "prominently identified with" or represents a "major aspect" of the history of the state or nation or had "a major relationship" with the life of an historic person or event, he argued.
“What is Washington, Virginia? There have been no battles here, no historic events,” said Konick. “And the fact that George Washington may have surveyed the town is doubtful. The fact George Washington passed through here does not make it historically significant.” . Hank Day who represents Ihe Town of Washington in 'this case said the town complied with the legislation in creating an historic district and that the Historic District Ordinance was properly adopted. He contends that there were three different ways to create an historic district in 1992 not all of which required the designation of historic landmarks.
He noted that the entire town is listed on the National Register of Historic Places.
Day also argued that the town’s Historic District Ordinance specifically requires the Town Council and the ARB to consider materials as part of their review of an application.
When asked by Parker, “Where does the (state) statute. . .make any reference to building materials?”
Day responded, “It does not.”
If the judge rules the Historic District Ordinance is valid, there will be a hearing on June 17 at 9 a.m. on the merits of the Town Council decision.
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