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VI i[GiN I A: <br /> <br /> At an adjourned meeting o£ the <br />Board of Supervisur$ of Chester- <br />field County, held at the Court- <br />house om February 4, 1950 at <br />8:00 p.m. <br /> <br />Present: <br /> <br />J.G.Hening, Chairman <br />H.T.Goyne <br />J.C.McKesson <br />James W. Gordon, Jr. <br />Irvin G. Homer <br />Dr. Robt. O. Gill <br /> <br />This day in accordance with directions of the Board of Supervisors of this County, <br />i~i.A.Cogbill, Cormnonweaith's Attorney, has rendered in writing his opinion on the <br />question "Is the Westhampton I4emorial Park", Incorporated, a non-conforming us~r of <br />the ~erry Tract of land?" And the same is in the following words and figures: <br /> <br />"On yesterday and again today the undersigned met with }4essrs. Pearsall~ Bryan,~4arti~l <br />and Wright who presented certain facts in relation to the acreage of ground and its <br />use, and certain supporting decisions they respectively offered in support of the <br />several contentions: <br /> <br />It was contended on the one side that the zoning ordinance prior to the night of <br />February 2, 1950, renuired the user of the land the duty to obtain a use permit from <br />the proper authority to use the land as a cemetery. This contention~ although it <br />I~y or may not be correct, is not important in reaching the answer renuested. Con- <br />~versely it was contended that the zoning ordnance did not reouire such action of <br />the land o~er but that the B~rd of Supervisors had no right or authority to regulate <br />the use of land so far as cemeteries are concerned. Th~s asserti~ is not important <br />in find~g the answer requested and therefore no further comment is here made c~- <br />cerning the same. <br /> <br /> it is uontended that the decI~ration of int~tion to establish a cemetery coupl~d ~th <br /> the facts related to the undersigned, was sufficient to establish a USE prior to <br /> February 2, i950: <br /> <br /> The undersigned has considered all of the facts m~bmi~ted, brisLtcned by certain <br /> decisions of sew~ra! co~ts of ap}~eal~ and has heard and considered the arguments of~ <br /> the gentlemen named above, ~d from all of this he is of the opini~ that such <br /> exercise of control over the land in question as disclosed in the facts submitted <br /> n ~ of lo~ of land. Ha, t]~erefore, is of th~-f~ther o~ini~n <br /> acts of preparation and o~ <br /> that Westhampton Memorial I-ark, incorporated, · ' ~ ~ be in violation of the <br /> County Zoning Ordinance if it proceeds to use the land in !uestion as a cemetery witl~ut <br /> first ~" ' <br /> ~lmvl~g obtained a use l.:ermit as r~'.',;~rc.~ by said ~q-d~nance." <br /> <br /> ' ' .~or~.~.n Jr. it is re.~olved <br />iUpon considerat!on whereof, ani on motion of Jamea J. ~ , , <br /> that t}e said written opini~,n be and it hereby is reca~.veu and ":" '~ ~ <br />~a~onS the papers of this *" ~ <br /> <br />~:as proper chat it not have a representative on the Local z}oaru of ~ ueJzc ., ~.t'ar{, <br /> <br />~.~z~cr~s, sale, meetinS this Beard put in no~lin~tion '-~,' of . <br />~for placement b<fore iq= ~o,.ut for : .... <br />lan~ <br /> <br /> name of three persons b~.:['or~,i the Judse of Circuit Court fdr consideration fur <br />~mcnt to the Local Bo.~d ~f i'ublic Jeif.::~re. Upon consid~:ration ~aareof~ ~,nd on <br />~:notion of ~-lr. James ',I. G~rd~n, Jr., it is resolved that tlc names of Nr. Peter <br />Sovington~ i.u~. Harold T. Goyne and .m. Irvin G. imrner be and they are hereby nominated <br /> as thc names to be placed b~:for~ <br /> ~:.~ Judse of the Circuit 2uurt for appointment as a <br /> me.nb~r o~ the Local Board of iublic 'Jelf~re of the County of Chesterfield, Virsin~a. <br /> <br />1500 feet of ~" pipe in "Cr.}stwood" Farms subdivision, in accordance with the <br /> <br />~'.:her.<as, it aA;ears to thi> Soa,.'d that ti:e C ~.,nty School <br /> will shortly construct a n~.',; ele:~er, tary school builJ[n~.~ ju,::t. ~x,uth of Jahnl:t i~o~,i an{~ <br /> ,,;a~t of 'the city limits of th<; Cit} of tich:nond, and tl,at <br /> the numerous children use Jahnke icad as a wal}:-w~O', and iht such usc ;~uuld be <br /> d~ngcrous to said children ~n,i burdensome to trLffJc, Up,n c<maidcration ,~:raof <br /> ami on motion, it is~ c~,< =~ea,~' that the ?'lr:~'~, .... ia L< ~art. m',~..~'~ <,f ,,~:': -~',. ",-~:,,,,~ ~ be. resonated- <br /> to take under consideration the c~mstructicm of a sidewaNt <br /> German School Road along thc: Jahnke Road, for the use uf school children ~-md ,~thers <br /> whihe walking. <br /> <br /> <br />