Legal Opinion

Amherst County Board of Supervisors v. Zoning Appeals Board

Amherst County Circuit Court

Decided November 22, 2005No. Case No. CH 10302Published

1Opinion of the Court

BY JUDGE J. MICHAEL GAMBLE

I am writing to give the opinion of the court in the above case. In this, regard, I reverse the grant of a variance by the Amherst County Board of Zoning Appeals (“BZA”) and deny the request for a variance.

Outback Motor Sports (“Outback”) owns 1.730 acres bordering on U.S. Route 29 in Amherst County. The real estate is currently used by Outback for retail sales of John Deere Tractor products. It is zoned B-2, General Commercial District. Outback proposes to place a John Deere advertising sign on the real estate that is twenty feet in height. Under the current zoning,…

2Cases cited6 opinions

  1. Penn Central Transportation Co. v. New York CitySupreme Court of the United States · 1978
  2. Ames v. Town of PainterSupreme Court of Virginia · 1990
  3. Packer v. HornsbySupreme Court of Virginia · 1980
  4. Comm. Ex Rel. State Water Control Board v. County Utilities Corp.Supreme Court of Virginia · 1982
  5. Cochran v. Fairfax County Board of Zoning AppealsSupreme Court of Virginia · 2004

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