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After giving his ruling, Penn asked for a copy of the county’s zoning map, apparently to study what Davis has contended are overlapping zoning districts that would allow a Ski Corporation the authority to do by right all that it requested in the special use permit application.
Partnership Split on
Some Points
Although the Ski Corporation and the Board of Supervisors are aligned together in the suit against the BZA, the partnership broke down on several points. Ski Corporation attorney Baumgardner consistently refused to take any position as to whether the BZA acted beyond its jurisdiction in considering the permit application while Davis maintained that the Ski Corporation showed “bad faith’’ in applying to the wrong body in the first place. According to the Commonwealth’s Attorney, the Ski Corporation should properly have asked the Zoning Administrator for a building permit instead of requesting a special use permit from the BZA.
Davis also denied Baumgardner’s contention
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