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based as part of a writ of certiorari petition. According ,o Fitzgerald, there are other legal avenues open for a test of an ordinance's constitutionality.
The Judge disagreed. He gave both sides additional time to file briefs citing previous authorities on howvague the standards under which the BZA considers permit applications may be. Penn gave Fitzgerald until Monday, August 14, to file and Baumgardner until Thursday, August*-24.
His ruling will allow Baumgardner to argue that the standards set forth for the BZA to consider in issuing a special use permit are too general and vague for a non-legislative body. The Ski Corporation’s attorney
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