05/20/2008

Associated Press

The Virginia Court of Appeals says a Norfolk man doesn't have to tear down an outdoor bar built without state approval.

Tuesday's decision reverses a ruling by a Norfolk judge who ordered Ronald Boone to dismantle the seven-stool bar on the upper deck of a Chesapeake Bay fishing pier.

The Harrison Fishing Pier was destroyed by Hurricane Isabel in 2003. Boone rebuilt it, adding a restaurant with a rooftop deck. He also added the outdoor bar, even though the Virginia Marine Resources Commission had not approved that part of the project.

The VMRC later issued an after-the-fact permit. A neighbor concerned about noise sued, and Thomas ordered removal of the rooftop bar.

The appeals court said the lower court could not substitute its judgment for the commission's.