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was legally insufficient as a matter of law, Penn stressed that he would not accept an amended plea or a motion to plea over from Olson. Should there be such a motion, Penn said he would strike the bill as being prepared contrary to the ruling of the court.
Following the Izaak Walton League’s attempt to have the ordinance amendments overturned, the Ski Corporation filed a petition to intervene in the litigation on December 18. In the petition, Ski Corporation attorney Douglas Baumgardner asked the court to declare that the Ski Corporation had "a vested right to use its property for an Alpine slide, a ski area and other appropriate, commercial-recreational uses.” Baumgardner also requested a ruling on the validity of the ordinance amendments as ^hey applied to commercial, B-2, districts.
Last Wednesday, Penn failed to act on any of the questions raised by the Ski Corporation in its intervention petition. Baumgardner explained that the judge’s dismissal of the League’s suit made it unnecessary to reach a decision on the issues of vested rights or the validity of the disputed amendments.
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