Bennett v. Nelson County Board of Supervisors

By Judge J. Michael Gamble

I am writing this letter to rule on the demurrer of the Nelson County Board of Supervisors (“Board”). The demurrer is overruled.

The plaintiff appealed the January 10, 2006. resolution of the Board authorizing the issuance of a conditional use permit to allow property in the Rockfish Valley area of Nelson County to be used for recycling of vegetative waste. In particular, the permit allows the operation of equipment for the grinding of stumps, logs, etc. into mulch during fifteen days of the year. The appeal of the issuance of this permit is pursuant to Va. Code §…