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  • 2BD Assoc LMTD v. Cnty Comm Queen Anne, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court decision involving 2BD Associates Limited Partnership and A. John Briscuso as plaintiffs and the County Commissioners for Queen Anne's County and others as defendants. The appellate court expressed no opinion on the merits of the case or the effect of a recent Supreme Court decision. It instructed the district court to reconsider its entire decision, including any impact of the Supreme Court ruling, and to initiate any appropriate proceedings.

    Original Description:

    Filed: 1996-06-24 Precedential Status: Non-Precedential Docket: 95-2763

    Original Title

    2BD Assoc Lmtd v. Cnty Comm Queen Anne, 4th Cir. (1996)

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    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court decision involving 2BD Associates Limited Partnership and A. John Briscuso as plaintiffs and the County Commissioners for Queen Anne's County and others as defendants. The appellate court expressed no opinion on the merits of the case or the effect of a recent Supreme Court decision. It instructed the district court to reconsider its entire decision, including any impact of the Supreme Court ruling, and to initiate any appropriate proceedings.

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    Public Domain
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    7 views2 pages

    2BD Assoc LMTD v. Cnty Comm Queen Anne, 4th Cir. (1996)

    Uploaded by

    Scribd Government Docs
    The United States Court of Appeals for the Fourth Circuit vacated and remanded a district court decision involving 2BD Associates Limited Partnership and A. John Briscuso as plaintiffs and the County Commissioners for Queen Anne's County and others as defendants. The appellate court expressed no opinion on the merits of the case or the effect of a recent Supreme Court decision. It instructed the district court to reconsider its entire decision, including any impact of the Supreme Court ruling, and to initiate any appropriate proceedings.

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    of 2

    UNPUBLISHED

    UNITED STATES COURT OF APPEALS


    FOR THE FOURTH CIRCUIT
    2BD ASSOCIATES LIMITED
    PARTNERSHIP; A. JOHN BRISCUSO,
    Plaintiffs-Appellants,
    v.
    COUNTY COMMISSIONERS FOR QUEEN
    ANNE'S COUNTY; WILLIAM V. RIGGS,
    III, President, County
    Commissioners for Queen Anne's
    County; ARCHIBALD A.
    MACGLASHAN, III, Vice-President,
    County Commissioners for Queen
    Anne's County; OSCAR A. SCHULZ,
    Commissioner, County
    Commissioners for Queen Anne's
    County,
    Defendants-Appellees,
    and
    MARION R. LEAVERTON, Chairman,
    Board of Appeals for Queen Anne's
    County; MICHAEL R. FOSTER,
    Counsel to the Board of Appeals for
    Queen Anne's County,
    Defendants.
    Appeal from the United States District Court
    for the District of Maryland, at Baltimore.
    Frank A. Kaufman, Senior District Judge.
    (CA-94-698-K)
    Argued: June 5, 1996
    Decided: June 24, 1996

    No. 95-2763

    Before WIDENER, HALL, and MURNAGHAN, Circuit Judges.


    _________________________________________________________________
    Vacated and remanded with instructions by unpublished per curiam
    opinion.
    _________________________________________________________________
    COUNSEL
    ARGUED: William D. Evans, Jr., Warren Kenneth Rich, RICH &
    HENDERSON, P.C., Annapolis, Maryland, for Appellants. Richard
    Timothy Colaresi, SHAPIRO & OLANDER, Annapolis, Maryland,
    for Appellees. ON BRIEF: Judith Bernstein-Gaeta, SHAPIRO &
    OLANDER, Annapolis, Maryland, for Appellees.
    _________________________________________________________________
    Unpublished opinions are not binding precedent in this circuit. See
    Local Rule 36(c).
    _________________________________________________________________
    OPINION
    PER CURIAM:
    Expressing no opinion on the merits of this case as presented, or
    on the effect thereupon of Quackenbush v. Allstate Insurance
    Company, No. 95-244, ___ U.S. ___ (June 3, 1996), we are of opinion that the judgment of the district court should be vacated and this
    case should be remanded for the district court to reconsider its entire
    decision, especially including any effect thereupon had by
    Quackenbush. In so doing, the district court may initiate such proceedings as it may deem appropriate.
    VACATED AND REMANDED WITH INSTRUCTIONS
    2

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