Court dismisses lawsuit against Lancaster board of supervisors

Jackie Nunnery

by Jackie Nunnery

LANCASTER—Citing a lack of standing, Lancaster County Circuit Court Judge William Shaw on Friday, January 22, dismissed a lawsuit against the Lancaster board of supervisors stemming from a special exception to the Chesapeake Bay Preservation Act (CBPA) granted in July 2020. The board had narrowly approved the exception in a 3-2 vote.

The conflict arose when Wayne and Susan Rogers, who own the property at 114 Estates Road, requested a special exception to add a porch onto the house they purchased nearly two years prior. At issue was the fact the house, moved to its present-day location back in 1998, was already encroaching on the CBPA’s required 100-foot resource protection area (RPA). Granting the exception effectively reduced the RPA to 60 feet.

Adjacent property owners Kevin and Brenda Burtnett of 108 Estates Road filed the suit, objecting not only to the granting of the exception, but the manner in which the board had made its decision. They noted the lack of timely notice….

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