ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 13, 1992                   TAG: 9203130381
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: New River Valley bureau
DATELINE: BLACKSBURG                                LENGTH: Short


PIZZA-SIGN SUIT DISMISSAL SOUGHT BY TOWN

Blacksburg officials have asked the Montgomery County Circuit Court to dismiss a suit filed by a pizza shop owner against the town.

In papers filed Tuesday, the town says Joseph Nazare, owner of Champs Sports Bar and Champions Pizza on South Main Street, put up signs for his business without a proper permit.

Nazare had filed a petition with the court to allow him to keep two signs on the back of his business. The town Planning Department says the signs are too big and violate the town zoning ordinance.

Nazare had taken his case to the Board of Zoning Appeals, but was turned down.

Town Attorney Richard Kaufman, writing on behalf of the board which was named in Nazare's suit, said Nazare has "not exhausted administrative remedies because he has not applied for the sign permit for the signs."

He also said any hardship Nazare claims because of the zoning regulations "was self-imposed due to his erection of the signs without applying for a sign permit, when he was on notice that the signs violated these ordinances and before he applied for a variance that is the subject of his appeal."



 by CNB