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HAYNIE v. BRENNER

Record No. 750272.

222 S.E.2d 546 (1976)

L. Graham HAYNIE, Jr., and Jane E. Haynie v. Eva C. BRENNER.

Supreme Court of Virginia.

March 5, 1976.

Attorney(s) appearing for the Case

C. Thomas Burton, Jr., Roanoke (Kenneth E. Trabue, Hunter, Fox & Trabue, Roanoke, on brief), for appellants.

Richard M. Kurshan, Roanoke, for appellee.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN, POFF and COMPTON, JJ.

HARMAN, Justice.

This is an appeal from a final decree of the trial court in a declaratory judgment proceeding under Chapter 25 of Title 8, Code § 8-578 et seq., between adjoining property owners. This proceeding was instituted by Eva C. Brenner1 (Brenner) against L. Graham Haynie, Jr., and Jane E. Haynie (the Haynies), alleging that the Haynies were claiming, as a right appurtenant to their adjoining property, the use of a driveway...

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