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Statement of
BELSON, Senior Judge, concurring:
I join in the opinion of the court. Its application of the doctrine of ripeness to the record before us appears correct. My only reservation in joining is that the parties have not briefed the issue of ripeness. No oral argument was held. Our disposition on the ground of lack of ripeness will most likely come as a complete surprise to them. I would have preferred to give the parties a short period of time in which to file supplemental briefs addressing the issue. As it stands, we are ruling without the benefit of an adversarial presentation, or any presentation at all, by counsel on the issue of ripeness. If a party seeks rehearing, we should give the request especially careful consideration.
Document Info
Docket Number: 09-CV-543
Citation Numbers: 999 A.2d 891
Judges: Kramer and Oberly, Associate Judges, and Belson, Senior Judge
Filed Date: 7/22/2010
Precedential Status: Precedential
Modified Date: 8/29/2023