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VILLAGE GATE HOMEOWNERS ASS'N v. HALES

Record No. 770510.

246 S.E.2d 903 (1978)

VILLAGE GATE HOMEOWNERS ASSOCIATION v. Carole Nixon HALES.

Supreme Court of Virginia.

August 31, 1978.

Attorney(s) appearing for the Case

John P. Milligan, Jr., Alexandria (Smiley, Lear & Milligan, Alexandria, on brief), for appellant.

Denis D. McKenna, Fairfax (Dennis D. Duffy, Duffy & Brooks, Fairfax, on brief), for appellee.

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

COMPTON, Justice.

We decide in this chancery proceeding whether there has been a waiver of the right to enforce a restrictive covenant affecting real property.

Appellant Village Gate Homeowners Association, a corporation charged with the duty to enforce the covenants, conditions and restrictions in Village Gate, a residential subdivision in Prince William County, brought this suit in equity against appellee Carole...

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