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to protect the integrity of the ordinance should any portion of it be struck down by the courts.)
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“Once Article 6 (residential subdivision) falls by the wayside, then Article 1-3 is going to be challenged,” Konick said, on the grounds that it is “ambiguous, unconstitutional, overbroad and vague.”
In the continuing litigation over the validity of the zoning ordinance involving the county, the Nationwide Pentecostal Evangelistic Association and the landowners represented by Konick, the Washington attorney is arguing that if the residential subdivision section is ruled invalid, all the land in that category will revert back to its original zone. “But the case law I’ve read indicates that's not a sure thing,” Konick cautioned. He pointed out that in a controlling case from Greene County, land was put into an “interrum” zoning count. When that category was struck down, the court ruled the land unzoned.
Konick noted that the planning commission had unanimously recommended changes to the residential subidivision section (Article' 6) in July but that the supervisors failed to act on
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