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By SHARON KILPATRICK
Rappahannock New* Staff Writer f The suit brought by county landowners against the Board of Supervisors for banning sludge was dismissed last week in Federal Court in Charlottesville.
Attorneys representing the county feel this is a substantial victory.
The suit in state court has yet to be settled, and a motion to dismiss that will be heard December 5.
The plaintiffs are expected to appeal the decision by Magistrate ( Waugh Crigler to the General District Court in Charlottesville later this month. The county will have an opportunity to respond to the appeal, and Neal Walters, an attorney working with George Gilliam, who is i representing the county in both suits, expects the appeal to be heard ( in mid January. i
According to Mr. Walters and i Commonwealth’s Attorney Peter 1 Luke the issue boiled down to I whether the issue of the safety of I sludge is “reasonably debatable.” I
Mr. Luke noted several other counts in the suit had already been 1 dismissed by Judge Crigler. The two remaining concerned whether the ( ban interfered with commerce and i whether it violated “substantive due s , process.” I)
Both sides had presented evi- s dence in the form of written testi- t
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