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will also be able to present evidence supporting his charge that the ordinance's commercial zone is invalid as applied to the ski area. Further, he can now attempt to prove that the zoning ordinance is confiscatory in that it doesn’t allow the Ski Corporation the right to use its property for any use to which it can be feasibly put without first obtaining a special use permit.
BZA Has Jurisdiction
In a second poiru, Judge Penn ruled that the BZA did have jurisdiction to issue or deny the Ski Corporation s application for a special use permit. This apparently punctures the argument made by Rappahannock
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