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FRONT ROYAL & WARREN CTY. IND. PARK v. FRONT ROYAL

Nos. 90-1875, 90-1884.

945 F.2d 760 (1991)

FRONT ROYAL AND WARREN COUNTY INDUSTRIAL PARK CORPORATION, a Virginia Corporation; Fred W. McLaughlin; Gladys L. McLaughlin, Plaintiffs-Appellees, v. TOWN OF FRONT ROYAL, VIRGINIA, a municipal corporation; John Marlow, individually and as Mayor of the Town of Front Royal; Michael Kitts, individually and as a member of the Town Council of the Town of Front Royal, Virginia; Edwin L. Pomeroy, individually and as a former member of the Town Council of the Town of Front Royal, Virginia; Albert G. Ruff, Jr., individually and as a former member of the Town Council of the Town of Front Royal, Virginia; George E. Banks, individually and as a former member of the Town Council of the Town of Front Royal, Virginia; Brackenridge H. Bentley, individually and as Town Manager of the Town of Front Royal, Virginia, Defendants-Appellants, Virginia Association of Counties; Local Government Attorneys of Virginia, Incorporated, Amici Curiae. FRONT ROYAL AND WARREN COUNTY INDUSTRIAL PARK CORPORATION, a Virginia Corporation; Fred W. McLaughlin; Gladys L. McLaughlin, Plaintiffs-Appellants, v. TOWN OF FRONT ROYAL, VIRGINIA, a municipal corporation; John Marlow, individually and as Mayor of the Town of Front Royal; Michael Kitts, individually and as a member of the Town Council of the Town of Front Royal, Virginia; Edwin L. Pomeroy, individually and as a former member of the Town Council of the Town of Front Royal, Virginia; Albert G. Ruff, Jr., individually and as a former member of the Town Council of the Town of Front Royal, Virginia; George E. Banks, individually and as a former member of the Town Council of the Town of Front Royal, Virginia; Brackenridge H. Bentley, individually and as Town Manager of the Town of Front Royal, Virginia, Defendants-Appellees, Virginia Association of Counties; Local Government Attorneys of Virginia, Incorporated, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 19, 1991.

Attorney(s) appearing for the Case

Glenn M. Hodge, Wharton, Aldhizer & Weaver, Harrisonburg, Va., argued (Douglas L. Guynn, Mark D. Obenshain, Harrisonburg, Va., David N. Crump, Adamson, Crump & Sharp, Front Royal, Va., on brief), for defendants-appellants.

Harold Jonathan Krent, University of Virginia School of Law, Charlottesville, Va., argued (Harold P. Juren, G. Timothy Oksman, Joseph P. Rapisarda, Jr., Local Government Attys. of Virginia, Inc., Charlottesville, Va., C. Flippo Hicks, Virginia Ass'n of Counties, Richmond, Va., on brief), for amici curiae.

Robert C. Fitzgerald, Fitzgerald & Smith, P.C., Fairfax, Va., argued (Myron C. Smith, on brief), for plaintiffs-appellees.

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

OPINION

ERVIN, Chief Judge:

Plaintiffs in this consolidated § 1983 action are Warren County Industrial Park Corporation ("Front Royal Corporation") and two Front Royal, Virginia, landowners. They sought damages from the Town of Front Royal ("Front Royal") and several Front Royal officials, alleging that they violated plaintiffs' fifth and fourteenth amendment rights. Although plaintiffs had remedies available to them under state

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