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the application denial, BZA members also authorized a memorandum to the county Planning Commission, calling for a review of the ski area’s commercial zoning designation on 300 acres.
Arbitrary And Capricious
The petition filed on Tuesday alledges that the BZA's action in denying the special use permit was “arbitrary, capricious and unreasonable.” It maintains that the proposed use of the property was appropriate and not in conflict with the county zoning ordinance.
The petition further states that the BZA took into account evidence not legally pertinent to the application and that the decision was improperly based upon the memorandum from the BZA to the Planning Commission. According to the corporation’s suit, the memorandum “constituted in improper and illegal attempt” to downzone the ski area property” and “contained inaccurate -epresentations” that the BZA knew or should have Known were inaccurate.
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