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At the July conference, all attorneys involved indicated that they wished to give additional evidence and Penn continued the case for 24 days to allow the lawyers to submit memorandum of authorities.
There the matter rested, in the hands of the court, until Davis and Baumgardner proposed the ordinance amendments at the August meeting of the Rappahannock Board.
The county Supervisors forwarded the amendments to the Planning Commission with a request that the tw'o bodies jointly advertize for the required public hearings. But. at the same time, the Supervisors voted four to one to issue a building permit to the ski area. The building permit allowed all the uses requested in the earlier special use application.
The Board granted this BEFORE adoption of the amendments that would legally allow those same uses in the ski area's conservation and business zoned property without a special use permit. However. Baumgardner indicated that the ski area would not attempt to use its building permit until the
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