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the Ski Corporation's special use permit application for a snowless Alpine Slide, skiing and other support facilities. In addition, Ski Corporation attorney Doug Baumgardner has argued that the ordinance’s standards for issuing a special use permit are arbitrary and capricious and amount to unlawful confiscation of property.
Robert Fitzgerald, lawyer for the BZA, has insisted that the Judge cannot rule on Baumgardner’s charge. He has contended that the court may ‘‘reverse or affirm, wholly or partly, or may modify the decision brought up for review” in an appeal of BZA action. The law, he has maintained, doesn’t allow for review of the ordinance on which the decision was
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