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BOARD OF SUP'RS v. COUNTRYSIDE INV. CO.

Record No. 990031.

522 S.E.2d 610 (1999)

258 Va. 497

BOARD OF SUPERVISORS OF AUGUSTA COUNTY, et al. v. COUNTRYSIDE INVESTMENT COMPANY, L.C.

Supreme Court of Virginia.

November 5, 1999.

Attorney(s) appearing for the Case

Edward A. Plunkett, Jr., County Attorney, for appellants.

John H. Foote (Philip H. Miller; James G. Welsh, Staunton; Hazel & Thomas; Rhea & Miller; Timberlake, Smith, Thomas & Moses, Staunton, on brief), for appellee.

Amici Curiae: Home Builders Association of Virginia and the Virginia Association of Realtors (Carl F. Bowmer; Christian & Barton, Richmond, on brief), in support of appellee.

Amicus Curiae: Augusta Home Builders Association (Edward M. Burns, III, on brief), in support of appellee.

Present: CARRICO, C.J., COMPTON, HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and POFF, Senior Justice.

HASSELL, Justice.

In this appeal, we consider whether certain provisions in a county's subdivision ordinance violate the Dillon Rule.

The facts relevant to our disposition of this appeal are not in dispute. Countryside Investment Company, L.C. (Countryside Investment), is the contract purchaser of a parcel of land consisting of approximately 140 acres located in Augusta County. The parcel was given an R-10 residential...

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