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amendments reads only “Outdoor recreation, including, but not limited to skiing, swimming pools, tennis courts and gravity slides." The Chapter’s suit contends that the definition of recreation is extremely broad and open-ended, allowing all types of facilities— amusement parks, theme parks, racing facilities —to be reasonably included.
Also uncertain is the question of what associated or residential uses are to be allowed by right in conjunction with recreational uses, according to the Chapter. The amendments provide little guidance on whether lodges, restaurants, motels and food concessions normally made a part of ski areas and other commercial recreational facilities will be allowed as a use by right in a conservation district.
Accordingly, the suit maintains that the amendments are vague, indefinite and uncertain—thus void and legally unenforceable.
Special Interest Legislation
In a third point, the League Chapter’s suit argues that the administrative record of the Board of Supervisors shows that the sole purpose in enacting the amendments was to facilitate
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