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  1. #11
    Join Date
    Nov 2013
    Posts
    672

    Default Re: Aggrieved Standing

    I'm not sure how you will be able to establish that they are running a Commercial Kennel or Boarding Facility, unless someone is paying to have the birds provided with care. How do you plan to do so?

  2. #12
    Join Date
    Aug 2018
    Posts
    10

    Default Re: Aggrieved Standing

    The property was zoned AR-Residential now it is being moved to AR-Commercial. For 50 years it was a single family residence and about 50 trips per week across property. Now the average is 47.6 per day. Since we share the easement use and I own an equitable interest in it and thus standing?

    The BZA refused to hear our Appeal of Zoning Admin because they said we do not have standing because the County has not accepted or rejected the SUP.

    To me the more important take away is the affirmation of the County Code that Non Conforming Uses can not be improved. Our positions are completely reversed (Code for Non Conforming Use is almost the exact same wording) we are taking the position of the BZA and the County is arguing from the position of Mangum. Their only hope is denying us standing.

    Sec. 30-24-1. - Powers and Duties.
    (A) The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this ordinance. No such appeal shall be heard except after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended.

    So in Mangum can the BZA rule on Standing as an argument since the do not have that power under statute creating the BZA. We have previously appealed the Zoning Admin on 2 separate rulings within the 30 day time limit.

  3. #13
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: Aggrieved Standing

    While the cards seem stacked against you (and they clearly are) you have to wait for the BZA to make their ruling. Then you and the neighbors file suit in court challenging their decision. You will have the burden to prove that the decision was arbitrary and capricious and not supported by the facts.

    Once again I will say that you are dealing with the zoning and permitted uses. This does not affect your property rights. Those have to be protected by you going to court.

  4. #14

    Default Re: Aggrieved Standing

    Objecting to increased traffic on an easement is essentially asserting an overburdening claim, which would likely need to proceed in chancery court.

    Your attorney is probably familiar with this:

    https://law.justia.com/cases/virgini.../910874-1.html

  5. #15
    Join Date
    Aug 2018
    Posts
    10

    Default Re: Aggrieved Standing

    The BZA refused to hear it because the County Attorney argued we did not have standing because the County has not formally heard and made a determination of the SUP. We have until Sept 14 to appeal. Which I believe we should. I do not believe the BZA has the power or authority to deny a hearing based upon standing. It is not qualified to make that decision or empowered to make it. The BZA is a creature of statute and only afforded those powers specifically given it.

    Sec. 30-24-1. - Powers and Duties. SHARE LINK TO SECTIONPRINT SECTIONDOWNLOAD (DOCX) OF SECTIONSEMAIL SECTION
    (A) The BZA shall have the power and duty to hear and decide appeals from any written order, requirement, decision, or determination made by any administrative officer in the administration or enforcement of this ordinance. No such appeal shall be heard except after notice and hearing as provided by section 15.2-2204 of the Code of Virginia, as amended.

    The Zoning Administrator has made a determination and we have properly appealed it twice which brought us to the BZA. The BZA is a special board created to be a step and process between the County Staff and Courts. They should hear the appeal.

  6. #16
    Join Date
    Nov 2013
    Posts
    6,997

    Default Re: Aggrieved Standing

    If the county has not yet ruled on the SUP there is nothing to appeal. Your appeal is not ripe to be heard. The county has to rule first.

  7. #17
    Join Date
    Jan 2011
    Posts
    370

    Default Re: Aggrieved Standing

    Has your attorney said anything about filing a lawsuit? Or is he waiting to see what the BZA does first?

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