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TOWN OF STEPHENS CITY v. RUSSELL

Record No. 900407.

399 S.E.2d 814 (1991)

TOWN OF STEPHENS CITY v. Glen E. RUSSELL.

Supreme Court of Virginia.

January 11, 1991.

Attorney(s) appearing for the Case

David J. Andre (Andre & Fowler, on brief), Winchester, for appellant.

George W. Johnston, III (Thomas M. Dickinson, Jr., Kevin J. Burke, Hazel & Thomas, on brief), Winchester, for appellee.

Present: CARRICO, C.J., COMPTON, STEPHENSON, RUSSELL, WHITING, and HASSELL, JJ., and POFF, Senior Justice.

HASSELL, Justice.

In this appeal, we consider whether a developer acquired a vested property right in a zoning classification.

In October 1985, Glen E. Russell executed a sales contract to purchase a tract of land referred to as the Armstead tract in the Town of Stephens City. The tract consisted of approximately 79,785 square feet. The real estate closing for the property occurred in August 1986.

Russell wanted to build three apartment buildings consisting...

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