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Administration / review / process Appeal of BZA decision to Circuit Court

gtpeach

Cyburbian
Messages
1,950
Points
15
A determination I made was appealed to the BZA. The BZA upheld my determination. The people who filed the appeal are now appealing the BZA's decision to Circuit Court. I don't work at the County anymore. Am I going to be expected to attend the Circuit Court hearing?
 

luckless pedestrian

Super Moderator
Moderator
Messages
11,026
Points
33
I was subpeoened to testify on a case from a past municipality, yes so you likely will be served too
 

Gedunker

Moderating
Moderator
Messages
10,953
Points
31
If it was a slam dunk decision, with a good paper record, you might not need to testify.
 

gtpeach

Cyburbian
Messages
1,950
Points
15
The paper record is good. I don't know if it was a slam dunk decision or not, though. The BZA unanimously voted to uphold my decision, so there's that. But the code is still written very poorly, and regardless of the decision I made, it would've been appealed.
 

Maister

Chairman of the bored
Messages
26,391
Points
52
I've had to testify a couple times following ZBA decisions applicants didn't like. I don't have any experience with a court making a finding that a board acted 'arbitrarily and capriciously' in making their decision, but I guess it's possible.
 

gtpeach

Cyburbian
Messages
1,950
Points
15
I've had to testify a couple times following ZBA decisions applicants didn't like. I don't have any experience with a court making a finding that a board acted 'arbitrarily and capriciously' in making their decision, but I guess it's possible.
I've never been involved in a case that's gone this far. I'm not sure if the Circuit Court will actually just review the procedural action of the BZA, or whether a Circuit Court actually could come to a different opinion based on the information presented thinking they didn't use the right legal precedent for their decision. I understand if a Board of Supervisor's action was appealed, it would predominately be based on whether procedural action was followed. In this case, I don't believe there was an issue with procedure.

There was an ex parte communication situation where a BZA member contacted me to discuss a concern involving a question about standing that I didn't think to notify the other party of. But I realized it at the last minute and talked to our County Attorney and attorney for the appealing party immediately prior to the meeting, and while it was brought up, the BZA chose not to engage the discussion during the meeting, so I don't think that should be an issue to base an appeal on.
 

gtpeach

Cyburbian
Messages
1,950
Points
15
I called the County Attorney today. He said his inclination was that the County would not even be involved and that we would let the affected parties argue their own cases and then the judge could decide what the danged ordinance says. I'm keeping my fingers crossed that that's how it plays out.
 
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