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Thursday, December 19, 2013

Decision on Beleaguered Alwington Development could come soon

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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