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Va. Supreme Court reverses part of Eubank decision

In an opinion dated Aug. 5, the Virginia Supreme Court came to a decision in an appeal of Candy and Mark Eubank’s case against three former Mathews County employees—former County Administrator Mindy Conner, Planning and Zoning Director John Shaw and Wetlands Administrator Sue Thomas.

The court reversed one part of the decision made by retired Circuit Court Judge William H. Shaw and affirmed another part of it. The justices then remanded the case to Mathews Circuit Court for further proceedings.

Background

The Eubanks, who live in Doswell and own property on Gwynn’s Island, had a dispute with Mathews County on a decision by the board of zoning appeals that they must remove two additions to their waterfront vacation property that the planning and zoning department said were in violation of the zoning ordinance.

The BZA’s decision in the county’s favor was only partial, however, because the planning and zoning department had argued that four additions were subject to removal....

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