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PRESLEY v. CITY OF CHARLOTTESVILLE

No. 05-2344.

464 F.3d 480 (2006)

Shirley PRESLEY, Plaintiff-Appellant, v. CITY OF CHARLOTTESVILLE; Rivanna Trails Foundation, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: September 22, 2006.

Attorney(s) appearing for the Case

ARGUED: Deborah Chasen Wyatt, Wyatt & Armstrong, P.L.C., Charlottesville, Virginia, for Appellant. Stanley Paul Wellman, Harman, Claytor, Corrigan & Wellman, Richmond, Virginia; Alvaro Antonio Inigo, Taylor & Zunka, Ltd., Charlottesville, Virginia, for Appellees. ON BRIEF: Joseph Robinson, Harman, Claytor, Corrigan & Wellman, Richmond, Virginia, for Appellee Rivanna Trails Foundation.

Before MOTZ, TRAXLER, and SHEDD, Circuit Judges.

Affirmed in part, reversed in part, and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge SHEDD joined. Judge TRAXLER wrote a separate opinion concurring in part and dissenting in part.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

Shirley Presley, a long-time resident of Charlottesville, Virginia, brought this 42 U.S.C. § 1983 (2000) action against the City of Charlottesville...

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