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irreparable damage would occur if the camp meeting went on as scheduled. Even if there is constitutional right to due process involved in the case, that right was satisfied by the June 13 hearing, Lynn argued.
Konick countered that the right to a review of the BZA's decision, “a right of action,” was a vested right and should be considered as property even though it is intangible. Considered in this light, he maintained, the right is protected against deprivation without due process of law.
The opposing landowners, he said “have done everything procedurally that can be done but they have not had their day in court on the merits.” Konick agreed with Lynn that Judge Robertson was faced with balancing competing interests but maintained that the landowner’s interests were stronger since NPEA had no vested right to the privileges conferred by the temporary variance and could, in fact, reschedule the camp meeting.
If issuing a restraining order on the camp meeting until after a hearing can be held on the merits of the
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