dispositive if the Plaintiff is granted leave to amend, the particular grounds will not be
addressed in this brief.
D. Defendant Landowner's Special Pleas
The first of Defendant Landowner's Special Pleas is addressed in Section II, B,
above. The second of Defendant Landowner's Special Pleas is essentially a plea in bar
and is addressed in Section II, A, above. The third of Defendant Landowner's Special
Pleas, while it mischaracterizes the action of the BZA, is addressed in Section II, B,
above.
III. CONCLUSION
For the reasons stated herein, the Plaintiff requests that the Defendant City's Plea
in Bar and Demurrer and the Defendant Landowners's Demurrer, Special Pleas and
Motion Craving Oyer be overruled.
Respectfully submitted,
WILLIAM EMORY
By Counsel
Erik Wilke, VSB# 48922
Jones & Green, LLP
917 East Jefferson Street
Charlottesville, Virginia 22902
(434) 296-4138
(434) 296-1209 (facsimile)