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SINCLAIR v. NEW CINGULAR WIRELESS PCS, LLC

Record No. 101831.

727 S.E.2d 40 (2012)

283 Va. 567

Kent SINCLAIR v. NEW CINGULAR WIRELESS PCS, LLC, et al.

Supreme Court of Virginia.

January 13, 2012.

Attorney(s) appearing for the Case

William D. Dolan, III ( David R. Lasso ; Michael W. Robinson ; Mona S.K. Haar ; Venable, on briefs), for appellant.

Greg Kamptner , Deputy County Attorney ( Larry W. Davis , County Attorney, on brief), for appellees Albemarle County Board of Supervisors, Albemarle County Planning Commission, County of Albemarle and Mark Graham.

John L. Walker, III ( Valerie W. Long ; Samuel T. Towell ; Williams Mullen , on brief), for appellees New Cingular Wireless, PCS, LLC and Joan C. Elledge.

Present: All the Justices.

OPINION BY Justice WILLIAM C. MIMS.

In this appeal, we consider whether an Albemarle County zoning ordinance governing construction on slopes within the county conflicts with statutory law or exceeds the powers delegated to the county by the General Assembly, in violation of the Dillon Rule.

I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Kent Sinclair and Joan C. Elledge own adjacent residential parcels in Albemarle County. New Cingular Wireless PCS...

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