The board of zoning (and legal) appeals

Last Thursday (Nov. 17), the Rappahannock County Board of Zoning Appeals cancelled its regular monthly meeting, scheduled for 7 p.m. that night, after its members received a letter from board member David L. Konick that notice of the meeting had not been made in accordance with the Virginia Freedom of Information Act requirements.

On the BZA’s agenda (besides consideration of a tourist-home permit) was a resolution which — if approved by at least three of the five members — would have declared that Konick’s September lawsuit against the BZA and its then-acting chair, Jennifer Matthews, was never authorized by the board and was thus illegal. It directed him to “obtain the dismissal with prejudice” of the lawsuit.

Konick, acting as board secretary in Harmony Manor’s appeal to the BZA of a decision to revoke the B&B’s permit for extra bedrooms by Zoning Administrator Debbie Keyser, disagreed on the manner in which the hearing should be conducted. After a brief Circuit Court airing of his suit, the BZA’s Harmony Manor hearing was postponed; in October, the B&B owner dropped the appeal of Keyser’s decision entirely.

On Nov 16, Konick filed a motion to drop the suit against the BZA and Matthews, though apparently not “with prejudice” (meaning the matter would not be heard again). The BZA resolution is still on the agenda for the board’s next meeting Dec. 28, Keyser said this week.

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