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The clipping this text was read from
The clipping this text was read from

we re generally of the consensus that we’ll back them to the tune of $3,000,” Luke said, trying again to get a commitment from the rest of the Board.

This time, Eastham reiterated Wood’s proposal to wait until after Davis and Fitzgerald consult before authorizing funds for a BZA attorney.

FUe First

“There’s nothing to talk about until the intervention is filed and before the court,” Davis interjected.

“I thought we’d already decided,” Baldwin remarked, referring to the Supervisors’ vote (taken at a closed meeting two weeks ago) to authorize Davis’s intervention.

Admiral Gardiner asked Luke if the Supervisors had "already voted on this and we don’t know anything about it?”

“We’re going to vote now,” Luke answered.

The motion to file an intervention suit carried four to one with H. B. Wood casting the only dissenting vote.

Before reading the intervention petition, Luke noted that Davis had advised the Supervisors that he couldn’t talk with the BZA’s attorney “without filing the suit I’d hoped we wouldn't have to file.”

In the intervention petition, the Supervisors allege that the BZA had no expressed power to grant or deny the special use permit application from the ski area. The plaintiff knew or should have known this and therefore acted in bad faith by failing to exhaust the administrative remedy available through appealing to the Board of Supervisors. Due to this bad faith, the ski area should be held responsible for all legal -costs incurred by all parties. In

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