Legal Opinion

Aesy v. Zoning Appeals Board

Salem County Circuit Court

Decided February 3, 2005No. Case No. CH04-76PublishedCited by 1 opinion

1Opinion of the Court

By Judge Robert p. Doherty, Jr.

The Petitioner constructed a residence on a lot that contained a 75-year-old bam. The bam pre-existed the zoning ordinance that required accessory buildings to be located in the rear yard of single-family dwellings. Petitioner built his house so that the bam was located on the front side yard in violation of the zoning ordinance. Consequently, the City denied a certificate of occupancy until the bam was removed. Refusing to dismantle the bam, Petitioner filed for a variance before the Board of Zoning Appeals (BZA). His request for a variance was denied. H¿ has…

2Cases cited4 opinions

  1. Cochran v. Fairfax County Board of Zoning AppealsSupreme Court of Virginia · 2004
  2. Criterion Insurance v. FulghamSupreme Court of Virginia · 1978
  3. Steele v. Fluvanna County Board of Zoning AppealsSupreme Court of Virginia · 1993
  4. Parker v. County of MadisonSupreme Court of Virginia · 1992

3Cited by1 opinion

  1. In re December 8, 2010, Carried Over to December 13, 2010, Decisions of the Board of Zoning Appeals of Arlington County re Items V-2716-10-3 & V-10458-APP-1Arlington County Circuit Court · 2011

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