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For Immediate Release 12/16/2023
Lapel Town Council President Chad Blake announced today that the town has received a default judgment in connection with a recent court case challenging a zoning ordinance. Shortly after the town council approved the zoning change, the Lapel Board of Zoning Appeals denied the special use petition, which petition was the impetus for the zoning change.
The BZA’s decision to deny the special use permit played a pivotal role in the town’s strategic decision not to actively defend the lawsuit. Following the BZA’s denial, the basis for the zoning change lost its significance, prompting the town to avoid unnecessary litigation costs.
“The Board of Zoning Appeals’ denial of the special use permit, which occurred after the zoning change, caused us to reevaluate our position in defending the zoning ordinance,” said Mr. Blake. “With LKQ and the property owners choosing not to appeal the BZA decision, it was decided that we would not move forward with defending this case. Using taxpayer dollars to defend a project that was not moving forward would have been wasteful and irresponsible.”
Furthermore, town officials, in collaboration with legal counsel, affirm their confidence that all state statutes and town ordinances were diligently followed throughout the zoning change process. The decision making, including the denial of the special use permit by the Board of Zoning Appeals, was in accordance with established regulations and in the best interest of the community.
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