Chris Dadak successfully defends the Rockbridge County Board of Supervisors (BOS) on an appeal by two landowners from a decision for the board of zoning appeals.

The Rockbridge County zoning administrator granted an applicant an exemption for farm structures under the local zoning ordinance.  Nearby landowners who opposed the structures appealed the decision.  The landowners argued that an ephemeral stream crossed the property and, therefore, the structures and their intended use violated the county zoning ordinance. The landowners also argued that the Karst topography created a setback issue that should preclude the construction of the structures.

The BZA upheld the zoning administrator’s decision.  It determined that the alleged stream did not exist and the geological issues did not create any setback concerns.  The landowners appealed to the Rockbridge County Circuit Court.

After a bench trial on the merits, the court ruled in favor of the Rockbridge BOS and held that the evidence did not establish the presence of a stream and that the ordinance setback requirements did not apply to Karst topography.