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the amendments directly conflict with the zoning ordinance's intent to protect steep slopes; that they are vague, indefinite and uncertain—thus void and legally unenforceable.
Penn, however, upheld arguments from Commonwealth Attorney George Davis filed in response to the League’s request for a declaratory judgement.
Davis maintained that:
1) no actual controversy based upon an ascertion and denial of rights was shown to exist between the Supervisors and the Izaak Walton League chapter,
2) the chapter’s claims regarding the ordinance amendment’s damaging impact on slopes over 14 per cent were based on future or speculative facts,
3) the chapter had no standing before the court to bring action for declaratory judgement.
Penn noted that members of the Izaak Walton League could conceivably attack adoption of the amendments on the grounds that they owned land that would be adversely affected. However, he emphasized that the Bill for declaratory judgement before the court did not allege that the suit was brought on behalf of taxpayers or property owners. “The complainant is not a
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