Hole in the Wall Waterfront Grill has filed a response to the Mathews County Board of Supervisors’ petition requesting the circuit court reverse the Board of Zoning Appeal’s July 12 decision in favor of Hole in the Wall.
In a demurrer filed by attorney Thomas K. Norment Jr., Hole in the Wall claims that the evidence and testimony it presented to the BZA had satisfied all of the elements of vested rights relief (a vested right is one that’s unconditionally guaranteed, according to merriamwebster.com). The county’s issuance of a certificate of occupancy to Hole in the Wall “is prima facie evidence that a building permit was issued and that the structure was built in accordance with the building permit,” states the demurrer. Since the certificate of occupancy was issued, argues Hole in the Wall, it’s logical to conclude that the county performed a final inspection of the structure at some point during the preceding five business days and that the structure was in compliance with all the c...