
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: FRIDAY, March 29, 1991                   TAG: 9103290503
SECTION: CURRENT                    PAGE: NRV-2   EDITION: NEW RIVER VALLEY 
SOURCE: KIM SUNDERLAND/ NEW RIVER VALLEY BUREAU
DATELINE: CHRISTIANSBURG                                LENGTH: Short

SUIT AGAINST TOWN MUST REFLECT STATE LAW, JUDGE SAYS

Montgomery County Circuit Court Judge Kenneth Devore on Thursday upheld Christiansburg's claim in a $4.7 million suit against the town that state laws must be exhausted before federal remedies can be sought.

Sleepy Hollow Inc. and Sleepy Hollow Holding Corp., both owned by O.L. Gibson Jr., claim in a suit that the town took their property without paying for it and based the suit on federal laws.

According to Devore, federal law says compensation can't be made until Virginia laws have been used first. He gave Sleepy Hollow attorneys 21 days to amend their claim and file a new pleading. "This is all procedural and was expected," said Dennis Brumberg, a Sleepy Hollow attorney.

After the case is brought under Virginia law, the town will proceed with its defense, said Elizabeth Dillon, a lawyer representing the town.

The Sleepy Hollow companies sued in December after rezoning changes made on property the town annexed in 1988, which allegedly caused them to lose use of their land.

by CNB