Board of Supervisors v. Martin

By JUDGE JOHANNA L. FITZPATRICK

This case comes before the Court on complainants’ Motion for Reconsideration of this Court’s July 13, 1990, decision denying the County’s Motion for Summary Judgment. The complainants submit that the Court’s decision is contrary to established case law because defendants’ failure to appeal the Zoning Administrator’s orders should preclude them from arguing that they have lawful non-conforming uses on the subject property. For the reasons set forth below, the Court enters Summary Judgment in favor of the County.

Va. Code § 15.1 -491(d) states, in part, as follows:

T…