UNITED STATES v. BD. OF SUP'RS OF ARLINGTON COUNTY

Nos. 79-1288-79-1290 and 79-1292.

611 F.2d 1367 (1979)

UNITED STATES of America, Appellant, v. The BOARD OF SUPERVISORS OF ARLINGTON COUNTY; Arland Towers Co.; Twin Development Corporation; Theodore B. Gould, Appellees. UNITED STATES of America, Appellee, v. TWIN DEVELOPMENT CORPORATION, Appellant, and The Board of Supervisors of Arlington County; Arland Towers Company; Theodore B. Gould, Defendants. UNITED STATES of America, Appellee, v. ARLAND TOWERS COMPANY, Appellant, and The Board of Supervisors of Arlington County; Twin Development Corporation; Theodore B. Gould, Defendants. UNITED STATES of America, Appellee, v. The BOARD OF SUPERVISORS OF ARLINGTON COUNTY, Appellant, and Arland Towers Company; Twin Development Corporation; Theodore B. Gould, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided December 20, 1979.


Attorney(s) appearing for the Case

Maryann Walsh, Dept. of Justice, Washington, D.C. (Richard G. Robbins, Asst. Sol., Anatolij Kushnir, Dept. of Interior, Terrence M. O'Connor, Asst. Gen. Counsel, National Capital Planning Commission, James W. Moorman, Asst. Atty. Gen., Carl Strass and Andrew F. Walch, Dept. of Justice, Washington, D.C., on brief), for appellant/appellee.

Jerry K. Emrich, Arlington County Atty., Arlington, Va., Francis A. McDermott, Fairfax, Va. (John J. Sabourin, Jr., Hazel, Beckhorn & Hanes, Fairfax, Va., on brief), and Robert T. Lasky, Mark C. Ellenberg, Washington, D.C. (Cadwalader, Wickersham & Taft, Washington, D.C., on brief), for appellees/cross appellants.

Before WINTER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.


DONALD RUSSELL, Circuit Judge:

This is an action by the United States in its proprietary capacity to enjoin further progress in the construction of certain business structures in Arlington County, Virginia. As originally framed, the complaint asserted a right to such injunctive relief because the buildings, which are in process of construction, (1) violated the height and density limitations for buildings as classified in the applicable zoning ordinance of the County...

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