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With the new developments in the ski area controversy, it looks like Rappahannock will get an Alpine slide by default. If the county Supervisors accept George Davis’s advice, snowless sledding and all the other uses requested by James Moore in his special use permit application will be granted.
We’re not lawyers and we often have difficulty appreciating fine legal distinctions but common sense tells us it didn’t have to be this way. We agree with the Commonwealth Attorney that the present ski area suit against the BZA appears indefensible. How do you justify turning down the right to ski at a ski area that has been in operation for over 15 years and not have the denial reversed by the courts?
If the BZA members wanted to stop an Alpine slide and the problems it might bring, they should have turned down the slide and just the slide—not everything. By denying Moore other uses in the application, we feel that the BZA members have strained their credibility and do indeed appear arbitrary and capricious.
Further, there is some doubt as to whether they were fully aware of what they were voting on. At least one member thought he was denying just the Alpine slide while two others were under the impression that they were turn
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