SHOOTING POINT, L.L.C. v. CUMMING

No. 03-1120.

368 F.3d 379 (2004)

SHOOTING POINT, L.L.C.; Lemoin B. Cree, in individual capacity as shareholder of Shooting Point, L.L.C.; Marlene Cree, in individual capacity as shareholder of Shooting Point, L.L.C.; Nicole Killebrew, in individual capacity as shareholder of Shooting Point, L.L.C.; Montaigne Cree, in individual capacity both as shareholder of Shooting Point, L.L.C., as well as contract owner of real property lots situated in Shooting Point; L. Barrett Cree, in individual capacity both as shareholder of Shooting Point, L.L.C., as well as contract owner of real property lots situated in Shooting Point; Shooting Point Property Owners Association, Incorporated, Plaintiffs-Appellants, v. W.M. CUMMING, Jr., Resident Engineer for the Virginia Department of Transportation for Northampton County, Virginia, in his individual and/or personal capacity only; John W. Wescoat; Suzanne Wescoat; John W. Wescoat, Jr.; Curtis H. Jones, Jr., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Argued: January 22, 2004.

Decided: May 14, 2004.


Attorney(s) appearing for the Case

ARGUED: Andrew Michael Sacks, SACKS & SACKS, Norfolk, Virginia, for Appellants. Alan Brody Rashkind, FURNISS, DAVIS, RASHKIND & SAUNDERS, Norfolk, Virginia, for Appellees John W. Wescoat, Suzanne Wescoat, John W. Wescoat, Jr., Curtis H. Jones, Jr. James Christian Stuchell, Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL, Richmond, Virginia, for Appellee W.M. Cumming, Jr. ON BRIEF: James A. Cales, III, FURNISS, DAVIS, RASHKIND & SAUNDERS, Norfolk, Virginia, for Appellees John W. Wescoat, Suzanne Wescoat, John W. Wescoat, Jr., Curtis H. Jones, Jr.

Before NIEMEYER, WILLIAMS, and GREGORY, Circuit Judges.


Affirmed by published opinion. Judge GREGORY wrote the opinion, in which Judge NIEMEYER and Judge WILLIAMS joined.

OPINION

GREGORY, Circuit Judge:

I.

Several individuals and entities that owned a parcel of land in the Tidewater area of Virginia brought a civil rights action under 42 U.S.C. § 1983 against the adjoining landowners and the local resident engineer for the Virginia Department of Transportation ("VDOT") alleging violations...

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