CITY OF NORFOLK v. MEREDITH


132 S.E.2d 431 (1963)

204 Va. 485

CITY OF NORFOLK v. H. Clarkson MEREDITH et al.

Supreme Court of Appeals of Virginia.

September 11, 1963.


Attorney(s) appearing for the Case

Virgil S. Gore, Jr., Asst. City Atty. (Leonard H. Davis, City Atty., on brief), for appellant.

Eastwood D. Herbert, Norfolk (Herbert & Bohannon, Norfolk, on brief), for appellees.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, SNEAD, I'ANSON and CARRICO, JJ.


CARRICO, Justice.

H. Clarkson Meredith and William B. Meredith, II, the complainants, filed a bill for declaratory judgment (Code, § 8-578) against the city of Norfolk, praying that the court confirm their title to a forty foot strip of land adjacent to their property and also determine that they were entitled to building permits for the erection of buildings thereon.

In its answer, the city alleged that there was a perpetual right of way in and over...

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