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BEACON HILL FARM ASSOC. v. LOUDOUN COUNTY BD. OF SUP'RS

No. 88-3894.

875 F.2d 1081 (1989)

BEACON HILL FARM ASSOCIATES II LIMITED PARTNERSHIP, a Virginia Limited Partnership, Plaintiff-Appellant, v. The LOUDOUN COUNTY BOARD OF SUPERVISORS; County of Loudoun, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided May 26, 1989.

Attorney(s) appearing for the Case

John E. Coffey (Michael A. Banzhaf, Richard C. Sullivan, Jr., Hazel, Thomas, Fiske, Beckhorn & Hanes, on brief), for plaintiff-appellant.

Thomas O. Lawson (Laurie E. Forbes, Lawson & Kipp, on brief), Edward J. Finnegan, County Atty., for defendants-appellees.

Before ERVIN, Chief Judge, and WIDENER and SPROUSE, Circuit Judges.

WIDENER, Circuit Judge:

This case comes to us on appeal from the district court's grant of Loudoun County's motion to dismiss because the cause was not ripe for adjudication. We vacate and remand the case to the district court for further proceedings consistent with this opinion.

On December 21, 1987, to protect environmentally sensitive land areas, Loudoun County amended its general zoning ordinance to provide for a "Mountainside Development Overlay District...

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