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CAPELLE v. ORANGE COUNTY

Record No. 040569.

607 S.E.2d 103 (2005)

269 Va. 60

John J. CAPELLE, et al. v. ORANGE COUNTY, et al.

Supreme Court of Virginia.

January 14, 2005.

Attorney(s) appearing for the Case

David S. Bailey, Manassas (Philip Carter Strother; Krista M. Mathis; Strother Law Offices, on briefs), for appellants.

Robert A. Dybing, Richmond; Frederick W. Payne, Charlottesville (John A. Gibney, Jr.; William W. Tanner; Todd Patrick, County Attorney; Charles W. Bowman; Thompson & McMullan; Payne & Hodous; Higginbotham & Bowman, on briefs), for appellees.

Present: All the Justices.

KEENAN, Justice.

In this appeal, we consider whether the circuit court erred in holding that a zoning ordinance permitted construction of an access road to transport mined materials across land zoned for residential use.

The land in question is part of a 139-acre lot (the property) located near Barboursville in Orange County. A large portion of the property is zoned for agricultural use and a smaller part is zoned...

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