CaseANNE DUCEY-ORTIZ, GLOUCESTER COUNTY SUBDIVISION AGENT v. JUDITH A. DOYEL
(Record Number 131451)
FromThe Circuit Court of Gloucester County; W. Ford, Judge.
CounselEdwin N. Wilmot (Gloucester County Attorney) for appellant.
Robert D. Hicks for appellee.
Assignments of Error
- The trial court erred in reversing the Gloucester County subdivision agent’s denial of Appellee’s application to subdivide her property because the denial was based on the ordinances applicable thereto, and was not arbitrary or capricious.
- The trial court erred in ordering the County to approve the subdivision application because the subdivision violates the County’s zoning ordinance requirements.
- The trial court erred in ordering the County to approve the subdivision application because the requested subdivision violates the requirements of the County’s subdivision ordinance, to wit, minimum acreage and private road restrictions.
- The trial court lacked jurisdiction to approve the requested subdivision because approval of the subdivision constitutes a variance from the County’s zoning ordinance requirements, the original jurisdiction for which to grant lies with the board of zoning appeals.