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greater if the property can be used for commercialrecreational purposes.
Baumgardner also notes that “the necessary, substantial financing" to use the property for commercial recreation has been obtained by the Ski Corporation. He alleges that the Izaak Walton League’s suit places these financial commitments “in jeopardy."
Citing the $2,000 already spent by the Ski Corporation for options on the Alpine slide, Baumgardner maintains that further delays in construction caused by litigation are “potentially economically disastrous” to the Corporation.
In the petition, Baumgardner argues that the Ski Corporation has a vested right to use its property for the commercial-recreational uses allowed by right as a result of the enactment of the zoning ordinance amendments, regardless of whether the amendments are valid.
He maintains that the building permit issued for the Alpine slide by the Supervisors on August 2 gives the Ski Corporation a vested right to build the slide. Baumgardner also notes that no one, including members of the Izaak Walton League, contested the issuance of the building permit “in a timely fashion."
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