2BD Assoc Lmtd v. Cnty Comm Queen Anne

UNPUBLISHED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, No. 95-2763 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 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 _________________________________________________________________ Vacated and remanded with instructions by unpublished per curiam opinion.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 _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit.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 opin- ion 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 pro- ceedings as it may deem appropriate.

VACATED AND REMANDED WITH INSTRUCTIONS