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win either way. if the judge refuses to hear The Inn’s petition, Dickey says it proves the town ordinance is invalid. But if the judge hears the case, Dickey has a forum to argue against the council’s conditions on the special use permit.
Meanwhile, the town has yet to set its strategy. The council met in executive session with town attorney Douglas Baumgardener on the evening of December 27. “The judge has taken it under advisement,” Mayor Newbill Miller reported on Wednesday. “He hasn’t decided yet whether he has jurisdiction to hear it. The council is just w aiting to see what the judge decides before deciding w hat they will do.”
Dickey says he expects the judge will decide by Monday whether to hear the case. If he refuses, Dickey said in a telephone interview last Thursday, it would mean there is no zoning ordinance for the town and The Inn “will win in a way I wouldn’t like.”
Then Dickey said the (Continued on Page 4)
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