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Amendment Allowed
“In order not to delay,” said Penn, “the court will entertain a motion to amend the bill.”
Potter then added to his clients’ suit by charging that the supervisors “acted without authority and arbitrarily” in denying Goode’s subdivision application when the denial was based on “zoning and subdivision ordinances that wer not properly adopted by the board of supervisors.”
“Are you surprised by this?” Judge Penn asked the county’s attorney.
Crigler replied that he was in no position to argue the validity of the county's ordinances since he had only learned of Potter's intention to challenge on the previous Friday. He requested a continuance that was granted by Judge Penn after a brief recess.
“We’ll go as far as we can with the evidence today. The court will hear the rest on November 23,” stated the judge.
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