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(Continued from Page 1) do now instead of waiting until we finish the revisions to the zoning and subdivision ordinances," he added.
The Planners indicated that they didn’t wish to postpone action on the amendment revisions and Luke, who also serves as chairman of the Rappahannock Supervisors, suggested a joint public hearing between the Planners and the Board.
Planner Dave Fannon expressed reservations about "amending amendments" that “may be declared illegal anyway as a result of the Izaak Walton League suit.”
“We talked about this for months before there was any inkling of a suit,” said Luke, adding that there was “no way in the world" that the amendments were going to be declared illegal.
"There was no way in the world that a judge was going to find for the BZA either," Fannon countered, in apparent reference to Judge Carlton Penn's decision that the BZA had authority to consider a special use permit for the ski area. “You never can tell how a judge is going to rule."
(The Rappahannock Ski Corporation filed suit several months ago seeking a review and reversal of the BZA's action in denying a special use permit application for a gravity slide, skiing, swimming and tennis on the ski area's Harris Hollow property. The Supervisors, granted leave to intervene in the case, maintained that the BZA exceeded its authority in considering the permit application. The suit was dropped after the Supervisors issued a building permit to the ski area and then adopted the zoning ordinance amendments in September which allow all the uses in the application denied by the BZA as a matter of right in both business-commercial and conservation districts.)
Luke maintained that the Planners weren't "running scared" from the 1/aak Walton League suit. "We
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