Jeremy Carroll Successfully Defends Bedford County Zoning Administrator

October 10, 2019

On September 24, 2019, the Bedford County Board of Zoning Appeals (BZA) denied Liberty University’s appeal of two determinations made by the Bedford County Zoning Administrator. Jeremy Carroll successfully represented the Zoning Administrator before the BZA.  At issue, was whether the Zoning Administrator accurately interpreted and applied the Bedford County Zoning Ordinance to the New London Airport, which is a non-conforming use under the County’s ordinance. Liberty desired to expand the airport structures and use in a manner the Zoning Administrator deemed to be impermissible. Liberty and the County had been discussing possible expansion at the New London Airport for years. As part of those ongoing, informal discussions, the Zoning Administrator issued a series of preliminary opinion letters. The Zoning Administrator did not consider the letters, issued in 2015, 2016 and 2017, to be final determinations. Ultimately, the Zoning Administrator did issue a final determination in 2019 concerning Liberty’s ability to expand the use and structures at the airport.  Liberty appealed the 2019 letter, contending that it contradicted the earlier opinion letters. Liberty argued the earlier letters were binding, final determinations and that it could expand the airport in accordance with those earlier letters.  Jeremy successfully argued that the initial letters sent prior to 2019 were “preliminary” and were never intended to be binding on either the County or the University. While Liberty argued that the County misinterpreted the applicable zoning ordinances in the 2019 letters and that the findings of the earlier letters should apply, it did not receive enough votes from the BZA to overturn the Zoning Administrator’s 2019 decision.

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