RESOLUTION

A RESOLUTION TO DENY THE CLAIM OF DONALD

R. THARPE, TRUSTEE, OF THE DONALD R. THARPE TRUST,

FOR THE SUM OF $10,300,000

            WHEREAS, on November 18, 2002 , the Board of Supervisors of Fauquier County adopted a resolution amending its Comprehensive Plan for the Bealeton Service District; and

            WHEREAS, on November 18, 2002, the Board of Supervisors adopted a resolution denying the request of Donald R. Tharpe, Trustee of the Donald R. Tharpe Trust, to rezone a portion of property owned by the Trust; and

            WHEREAS, on December 16, 2002, Donald R. Tharpe, Trustee of the Donald R. Tharpe Trust, submitted a Statement of Claim to the Fauquier County Board of Supervisors seeking the payment of $10,300,000 in damages for alleged violations of the United States and Virginia Constitutions resulting from the Board's actions related to the amendment of its Comprehensive Plan for the Bealeton Service District and its denial of the rezoning application of Donald R. Tharpe, Trustee of the Donald R. Tharpe Trust; and

            WHEREAS, pursuant to Virginia Code 15.2-1245, the Board of Supervisors has received the aforesaid Statement of Claim, the opinion of the County Attorney as to whether the Claim is illegal, or not before the Board in proper form, or upon proper proof, or for any other reason it should not be allowed, and has considered the Claim; now, therefore, be it

            RESOLVED by the Board of Supervisors of Fauquier County this 21st day of January 2003, That the claim of Donald R. Tharpe, Trustee of the Donald R. Tharpe Trust, seeking a total claim in the amount of $10,300,000 be, and is hereby, denied.