GLASSMAN v. ARLINGTON COUNTY, VA

No. 10-1496.

628 F.3d 140 (2010)

Peter GLASSMAN, Plaintiff-Appellant, v. ARLINGTON COUNTY, VIRGINIA; 1210 North Highland Street—Clarendon Limited Partnership; The Views at Clarendon Corporation, Incorporated; Virginia Housing Development Authority; Board of Supervisors of Arlington County, Virginia; First Baptist Church of Clarendon, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 23, 2010.


Attorney(s) appearing for the Case

ARGUED: Andrew S. Oldham , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, D.C., for Appellant. James Patrick Taves , Greehan, Taves, Pandak & Stoner, PLLC, Chantilly, Virginia; Raighne Coleman Delaney , Bean, Kinney & Korman, PC, Arlington, Virginia, for Appellees. ON BRIEF: Stephen G. Cochran , Roeder, Cochran, Parrott, Chandler & Kinsel PLLC, McLean, Virginia; Joseph S. Hall , Kellogg, Huber, Hansen, Todd, Evans & Figel, PLLC, Washington, D.C., for Appellant. T. David Stoner , Greehan, Taves, Pandak & Stoner, PLLC, Chantilly, Virginia; Stephen A. MacIsaac , County Attorney, Carol W. McCoskrie , Assistant County Attorney, Arlington County Attorney's Office, Arlington, Virginia, for Appellees Arlington County, Virginia, and Board of Supervisors of Arlington County. H. Robert Showers , Timothy Paul Bosson , Simms Showers, LLP, Leesburg, Virginia, for Appellee First Baptist Church of Clarendon. Robert M. Tyler , Jeffrey D. McMahan, Jr. , McGuirewoods LLP, Richmond, Virginia, for Appellee Virginia Housing Development Authority.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge DUNCAN and Judge CONRAD joined.


OPINION

NIEMEYER, Circuit Judge:

In 2004, the First Baptist Church of Clarendon, in Arlington County, Virginia, proposed—and Arlington County approved—a plan to develop a parcel of land that the Church owned and on which the church building was located. Under the plan, the existing church building would be razed, and in its place a 10-story building would be erected, which would include a new church building and church facilities on the first...

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