Benoit v. Board of Zoning Appeals

9 Va. Cir. 228, 1987 Va. Cir. LEXIS 79
CourtAlexandria County Circuit Court
DecidedSeptember 8, 1987
DocketCase No. (Law) 11790
StatusPublished

This text of 9 Va. Cir. 228 (Benoit v. Board of Zoning Appeals) is published on Counsel Stack Legal Research, covering Alexandria County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Benoit v. Board of Zoning Appeals, 9 Va. Cir. 228, 1987 Va. Cir. LEXIS 79 (Va. Super. Ct. 1987).

Opinion

By JUDGE ALFRED D. SWERSKY

I have received Ms. Beach's Objection to the admissibility of the two exhibits referred to in my letter of August 31, 1987. The objection will be overruled, and upon a proper certification that they are part of all the papers acted upon by the Board in rendering its decision pursuant to 15.1-497, they will be made a part of the record.

It is clear that the statutory scheme for the appeals of these decisions does not contemplate a "chain of custody" requirement for the record to be forwarded to the Court. The requirement is that the papers reflect the findings underlying the Board’s decision. Packer v. Hornsby, 221 Va. 117, at 121 (1980).

Mr. Murphy should see that a proper certification is made as to these exhibits and an appropriate order should be forwarded making them a part of the record and preserving Petitioner’s objection.

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Related

Packer v. Hornsby
267 S.E.2d 140 (Supreme Court of Virginia, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
9 Va. Cir. 228, 1987 Va. Cir. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/benoit-v-board-of-zoning-appeals-vaccalexandria-1987.