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IN RE 1801 ROBERT FULTON DRIVE, LLC

Case No. 11-12753-BFK, Adversary Proceeding No. 11-01335.

In re: 1801 ROBERT FULTON DRIVE, LLC, Chapter 11, Debtor. SUNRISE OAK PROFESSIONAL PARK CONDOMINIUM UNIT OWNERS ASSOCIATION, Plaintiff, v. 1801 ROBERT FULTON DRIVE, LLC, et al. Defendants.

United States Bankruptcy Court, E.D. Virginia, Alexandria Division.

February 2, 2012.

Attorney(s) appearing for the Case

Donald F. King, Esquire , Odin, Feldman & Pittleman, 9302 Lee Highway, Suite 1100, Fairfax, VA 22031, Counsel for the Plaintiff.

Robert M. Marino, Esquire , Redmon Peyton & Braswell, LLP, 510 King Street, Suite 301, Alexandria, VA, Counsel for the Defendant.

MEMORANDUM OPINION

BRIAN F. KENNEY, Bankruptcy Judge.

This matter comes before the Court on the Defendant's Motion for Summary Judgment (Docket No. 13), and the Plaintiff's Motion for Summary Judgment (Docket No. 19). Both Motions seek the Court's determination of the meaning and intent of the Declaration of Condominium of the Sunrise Oak Professional Park Condominium, as it relates to the ability of the Defendant-Declarant to withdraw the land described...

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