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(Continued from Page 1) court invJanuary to rule whether the zoning ordinance’s section on residential subdivisions is valid and enforceable. The validity of Article 6, the “threshold question” in the ongoing litigation, will be decided by Robertson as a matter of law within the next two months without testimony from either side. The attorneys at Wednesday’s pre-trial conference—Konick for James Grigsby and other adjoining landowners, Jonathon Lyne and Ben Jones for the NPEA and Baumgardner for the count—agreed to stipulate that the zoning ordinance had been enacted and that the NPEA porperty was zoned residential subdivision.
If Invalid, Then What?
The second question Robertson will have to answer is what happens to the NPEA property if the section on residential subdivisions is declared invalid, Jones noted.
Konick maintained that the validity of Article I must also be determined. Article I lists the different zoning categories and stipulates that no building shall be erected or altered for any purpose other than the uses listed as permitted in the district in which the building is located. It further states, among other conditions, that no land use will be permitted which is hazardous to or in conflict with the predominant character of the neighborhood, adversely affects the perfce. tranquility, health and safety of persons living or working in the neighborhood or will adversely affect property values.
“Ninety per cent of this ordinance, quite frankly, is going to get thrown out," Jones responded.
(Pleadings filed by the
90.7%