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Judge's ruling allows homes on battlefield page 2
Judge lets developer proceed with plan to build houses on part of Brandy Station battlefield

Date published: 2/5/2005


"All avenues to get to the rezoning of this land have been cut off by the General Assembly," Foote said.

Cullen agreed, saying the foundation "has not sustained its burden of proof that the BZA has erred in making its ruling."

Brandy Station Foundation President Bob Luddy said his group would not appeal Cullen's decision, but planned to file a new lawsuit against the Board of Supervisors--this time raising constitutional issues.

He also said negotiations would continue--if Shull is willing--for the foundation to purchase the parcel in question. He said the foundation had offered the landowner a 66 percent profit.

"We are still trying to raise the money to buy him out," Luddy said.

Shull paid $450,000 for the land after the previous owner, Wayne Stillwell, said the foundation had shown little interest in it. Shull later agreed to sell it to the foundation for approximately $750,000, but the foundation could not raise the money.

In January, after the foundation was unable to buy the land, Shull was granted building permits for two homes on the property. He would not say yesterday whether he would now begin building or whether selling the land to the foundation is still a possibility.

To reach DONNIE JOHNSTON: DJohn40330@aol.com

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