York County Attorney James Barnett will file complaints in court seeking to stop Seaford residents Anthony Bavuso and Elyse Pyle — husband and wife — as well as Dandy resident Greg Garrett from using their waterfront properties as part of their oyster harvesting operations.
One complaint addresses Bavuso and Pyle's operation in the York Point subdivision in Seaford while the other deals with Garrett's operation at his property in Dandy. The complaints could be filed as early as today, Barnett said.
WYDaily has a copy of the complaint against Bavuso and Pyle, which says the two have continued to use their property on Creek Circle in the course of operating their business, the Seaford Oyster Company, despite a January decision from the Supreme Court of Virginia that says Bavuso and Pyle need a special-use permit to use their property in the course of their operation.
Both Bavuso and Garrett cited House Bill 1089, which was signed into law by Gov. Terry McAuliffe on Monday, when asked for comment on the complaints. The new law, which goes into effect Jan. 1, bars municipalities from requiring special-use permits for farming activities on land with agricultural classifications. Each of the oyster farmers' properties are in land zoned for both residential uses and farming. It also adds aquaculture — the harvesting of food from the sea — to the list of farming activities municipalities cannot regulate via special-use permits.
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