Fauquier County
“A Warrenton-area residential developer's land use lawsuit against
Fauquier County is still up in the air— for now. After an hour-and-a-half
demurrer hearing Monday morning, Fauquier County Circuit Court judge Jeffrey
Parker said he would issue an opinion on the matter in four of the five counts
brought forth by The Alwington Farms Developers LLC.
Parker said he would like to issue that opinion by the end of the year.
A demurrer hearing asks a judge to consider if there is a legally sufficient
claim for a lawsuit to continue. The end result of Monday's legal proceedings
means that four of the counts can still go to trial at a yet-to-be-determined
date. The lone count Parker dismissed was the plaintiff's claim that Fauquier
County's land use regulations were arbitrary and capricious based on
exclusionary zoning.”
~Writes Kipp Hanley of Fauquier.com
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