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ing down only the new uses requested by Moore in the application.
If the BZA members had denied just the Alpine slide, the ski area might not have countered with a suit. In any case, we feel the Board of Zoning Appeals would have had at least a fighting chance to defend its position.
Now, they are faced with having to run up a white flag to avoid being assessed damages. It is a distinct possibility that the judge would have concurred with Moore’s request for costs and attorney’s fees. In a recent Virginia Supreme Court case Greene County was assessed costs of over $40,000 after the judges ruled that Greene’s BZA acted in an arbitrary and capricious manner.
By their actions, we think the BZA members have limited the options in regard to the ski area. Sure, the county could refuse to accept the consent order and could let the courts resolve the issue but the chances of winning appear slim and the risks considerable.
The BZA might not have fared any better had it turned down only the Alpine slide, but it seems that the odds on that propoal would be a lot better. Now it looks like snowless sledding is here whether the county is ready or not.
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