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The clipping this text was read from
The clipping this text was read from

maintained that the slope regulations applied to individual lots, not the overall area of the subdivision.

Crigler argued that Goode shouldn’t be allowed to attack the validity of the county’s ordinances since “nowhere in his pleadings does he contend that the zoning and subdivision ordinances were improperly enacted and invalid on the face.” In preliminary action, he noted that Goode’s attorneys had stipulated to the ordinances. “Now they want to contest them. It’s too late,” Crigler maintained.

Potter countered that, in Goode’s original suit, the supervisors were accused of exceeding their authority. This charge, he argued, gave his client the right to question the validity of the ordinances at any time. He added that, by statute, the validity of the subdivision ordinance can be challenged in action brought under that body of law.

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