RICHMOND -- Attorneys for BURG and the Town of Blacksburg were all set to make oral arguments to a three-judge panel of the Virginia Supreme Court, to tell the court why they should take our appeal. But before the lawyers had a chance to speak, the panel told them that they had already decided to accept the appeal, on the basis of our written petitions. It is extremely unusual for the court to announce a decision in this manner, before even hearing oral arguments, and shows that there was no doubt that our appeal had merit.

This is a major victory for our case. The court will take written briefs, and will schedule a hearing in a few months. If the court decides in our favor, Fairmount Properties will be unable to build a Walmart Supercenter or any other store over 80,000 square feet without a special use permit.