Unpublished
Unpublished
No. 07-1878
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, District
Judge. (3:07-cv-00005-nkm)
Submitted:
May 8, 2008
Decided:
September 5, 2008
PER CURIAM:
This land use case involves the claims of developer,
Greengael, LC, against the Board of Supervisors of Culpeper County,
Virginia (the County), for denying approval of a subdivision plat
and later rezoning its property from residential to industrial use.
It also involves claims against the County by the Smith family
(the Smith Plaintiffs), owners of a single-family residence in
Culpeper County, challenging the Countys actions with respect to
Greengaels property as well as a zoning amendment affecting their
own property. In two separate orders, the district court dismissed
the
plaintiffs
claims.
Greengael
the
County
and
the
Smith
Plaintiffs
denied
approval
for
Greengaels
use,
Greengael
filed
two
lawsuits
in
state
court
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administrative remedies.
its federal claims, arguing that the trial court erred in giving
preclusive effect to the initial decision dismissing the federal
claims on jurisdictional grounds.
See Bd. of
The district
Defence v. Trimble Navigation Ltd., 484 F.3d 700, 705 (4th Cir.
2007).
Summary judgment is
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Fed. R. Civ.
P. 56(c)).
I.
Res Judicata
The Full Faith and Credit Act, 28 U.S.C. 1738 (2000),
requires
federal
courts
to
apply
state
res
judicata
law
to
Exxon
Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 293 (2005);
In re Genesys Data Technologies, Inc., 204 F.3d 124, 129 (4th Cir.
2000).
party from asserting claims that were raised, or that could have
been raised, in previous litigation between the parties.
Lofton
Ridge, LLC v. Norfolk Southern Ry. Co., 601 S.E.2d 648, 650 (Va.
2004).
demurrers
to
Greengaels
federal
claims
and
entered
final
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Virginia law.2
Additionally,
See
San Remo Hotel, L.P. v. City and County of San Francisco, 545 U.S.
323, 347 (2005) (expressly declining to create an exception to the
full faith and credit statute solely to preserve the availability
of a federal forum for litigants federal takings claims); Holiday
Amusement Co. of Charleston, Inc. v. South Carolina, 493 F.3d 404,
409
(4th
Cir.
2007)
(noting
that
no
constitutional
issue
is
We
also
reject
Greengaels
argument
regarding
the
availability of an England reservation to preserve its issues to be
heard in federal court as irrelevant. England v. Louisiana State
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In
sum,
Greengaels
federal
claims
were
raised
and
Greengaels
Virginia law.
claims
are
now
barred
by
res
judicata
under
II.
Standing
In order to assert a claim based on the Countys actions
fact
that
is
concrete
and
particularized,
and
actual
or
Id. at 560.
We
also grant the Countys motion to strike matters outside the record
on
appeal.
We
AFFIRMED
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