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County supervisors seek reversal of HITW BZA decision

The Mathews County Board of Supervisors has filed a petition with Mathews Circuit Court asking the court to review and reverse the Mathews Board of Zoning Appeals’ July 12 decision in favor of Hole in the Wall Waterfront Grill.

In the court filing, prepared by the law firm Dunlap Bennett & Ludwig of Richmond, the board charges that the BZA’s decision would set a precedent that would allow landowners and people who have violated zoning laws to sidestep requirements any time the county has issued a certificate of occupancy.

The document recounts the issues surrounding the case, charging that the business built two additions onto the county-owned structure without required permits or permission—a 4’ x 15’ elevated enclosed space on the east side of the building and an expansion of the previously-permitted deck from 18’ x 41’ to 20’ x 44’. The county issued a courtesy letter about the violations, but received no response, says the document, leaving the county with no choice but ...

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