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judication for six months. “Because this Court is unable to ascertain the district in which the property lies, I am unable to reverse, affirm or modify this decision (to grant Johnson a special use permit). While s declaratory judgement might lie to challenge the ordinance for vagueness, that issue is not before the Court in this case,” Robertson ruled.
But problems arise from more than just the vagueness of the county’s zoning ordinances and maps. “On this record without proper findings (by the BZA in granting the permit) I cannot properly review the BZA’s decision even if the districts could be ascertained,” the judge noted.
In the five page letter which detailed his reasons for deferring adjudication, Robertson pointed out that legal standards give rise to the presumption that the BZA’s decision is correct and put the burden on the challengers to overcome that presumption. He added that he could not overturn the issuance of the special
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