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NORTHAMPTON COUNTY BZA v. EASTERN SHORE DEVELOPMENT CORP.

Record No. 080126.

671 S.E.2d 160 (2009)

NORTHAMPTON COUNTY BOARD OF ZONING APPEALS, et al. v. EASTERN SHORE DEVELOPMENT CORPORATION.

Supreme Court of Virginia.

January 16, 2009.

Attorney(s) appearing for the Case

Bruce D. Jones, Jr., Co. Atty. (Beverly Powell Leatherbury, Asst. Co. Atty., on briefs), for appellants.

Michael R. Katchmark, Norfolk (C.A. Turner III; Cela J. Burge; Willcox & Savage, Norfolk; Turner & Turner, on brief), for appellee.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and MILLETTE, JJ., and RUSSELL, Senior Justice.

OPINION BY Senior Justice CHARLES S. RUSSELL.

This appeal turns upon the interpretation of the language of a county zoning ordinance.

Facts and Proceedings

The pertinent facts are undisputed. In 2003, Eastern Shore Development Corporation (ESDC), as contract purchaser of a 48.25-acre parcel of land in Northampton County, submitted an application for the rezoning of a part of the land from the "A1" (Agricultural 1) zoning district to the "CD...

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