Tuesday, June 22, 2004

Appeal granted in accessory use case

In the case of Capelle v. Orange County, the Virginia Supreme Court has granted the petition for appeal on the following issue:

"The Orange County Board of Supervisors, without legal authority and in violation of Virginia law and local zoning ordinances, illegally burdened a designated limited residential zoning district with mining and trucking uses of an adjacent agricultural zone by accepting, as an accessory use, the use of a private road through such limited residential district to serve the mining truck hauling uses of the agriculturally zoned parcel."

Ah, now, I thought an accessory use typically would be a use that is otherwise unlawful but for its character as accessory to a lawful use - if it has to be a lawful use in the first place, then what difference does it make whether it is "accessory" to another lawful use?

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