Arthur M. POMPONIO, Plaintiff-Appellant,
v.
FAUQUIER COUNTY BOARD OF SUPERVISORS; Planning Commission of Fauquier County, Virginia; Fauquier County, Virginia; Richard McNear, Planning Director of Fauquier County, in his official capacity, Defendants-Appellees.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued December 1, 1992.
Decided April 15, 1994.
Attorney(s) appearing for the Case
ARGUED: John Francis Cahill, Hazel & Thomas, Falls Church, VA, for plaintiff. Deborah Brand Baum, Shaw, Pittman, Potts & Trowbridge, Washington, DC, for appellees. ON BRIEF: John Holland Foote, Thomas W. Smith, III, Hazel & Thomas, Falls Church, VA, for defendants. Patricia L. Hanower, Shaw, Pittman, Potts & Trowbridge, Washington, DC; Edward J. Finnegan, Shaw, Pittman, Potts & Trowbridge, Leesburg, VA; Paul S. McCulla, Office of the County Atty., Warrenton, VA; Robert S. Corish, Slenker, Brandt, Jennings & Johnston, Merrifield, VA, for appellees.
Affirmed by published opinion. Judge WIDENER wrote the opinion of the Court, in which Judges Donald RUSSELL, K.K. HALL, WILKINSON, WILKINS, NIEMEYER, HAMILTON, LUTTIG, and WILLIAMS joined. Judge MURNAGHAN wrote a dissenting opinion, in which Chief Judge ERVIN and Judge PHILLIPS joined.
United States Court of Appeals, Fourth Circuit.
OPINION
WIDENER, Circuit Judge:
The sole issue before us is whether the district court properly applied the abstention doctrine of Burford v. Sun Oil Co.,319 U.S. 315, 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), in dismissing this case without prejudice. We hold that Burford abstention was appropriate and affirm the district court's dismissal.
I
The plaintiff-appellant, Arthur M. Pomponio, brought...
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