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dotted the tki area’s permit despite possible pollution dangers to the Rush River. “The river’s been polluted for a long time,’’ from orchard sprays, he commented.
In a final statement, attorney Baumgardner maintained that denial of Moore’s request would be “confiscation without just compensation.
“The property was zoned commercial in order that the owner could make a.profit,” Baumgardner argued, "and refusal to allow expanded year-round operations would be like the county selling Mr. Moore a car and then refusing to let him buy the gas to run it.”
Not so, countered Gardiner. "The county didn’t sell Mr. Moore a car. The owners bought it at a fire sale.”
Baumgardner agreed that his analogy might be inappropriate but still maintained that “denial of the permit flies in the face of the right to use the property.” He claimed that Moore’s proposal would promote the goal of keeping Rappahannock rural. Baumgardner argued that a court would view approval of the ski area’s permit as an affirmative step forward by providing for recreational development. Approval, he added, would “put the county in a stronger position to withstand more hazardous types of development.”
Economic Vitality Baumgardner read into the record letters from the Pocono Chamber of Commerce and the Pocono Mountains Chamber of Commerce Vacation Bureau that cited the economic vitality provided by Camelback Ski area with no added demand on local services. According to the Vacation Bureau letter, dollars spent by travellers turn over three times in the local community. In conclusion, Baumgardner read from a Rappahannock County brochure, printed before the ski area went bankrupt and
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