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Represented by Commonwealth’s Attorney George Davis, the Supervisors requested status as interveners in the suit, contending that the BZA had acted beyond the scope of its authority in even considering the application.
The right of the Rappahannock Board to intervene was granted by Judge Rayner V. Snead and suh• sequently affirmed by Judge Carlton Penn at a recent pretrial conference in Leesburg.
In his remarks before the Supervisors on Thursday, Ski Corporation attorney Doug Baumgardner noted that j Judge Penn had ruled that
the Ski Corporation could j challenge the validity of Rappahannock’s zoning ordinance in the certiorari proceedings before the court.
In addition, according to Baumgardner, Penn held r that the Ski Corporation was not allowed by right the - Alpine slide and other activities included in its special ^use permit, i Davis Disagrees 7 “I don’t agree with that: f J don't think that was the "ruling,” interjected Davis - ■} '“who has argued repeatedly' .‘that Ski Corporation president James Mooriecould ido all he proposed without any special use permit. | Baumgardner . responded ’that Penn had ruled the Board of Zoning Appeals had the jurisdiction to grant nr deny the permit. i “That was before he read the ordinance,” claimed Davis.
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