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BURNS v. WINCHESTER MEMORIAL HOSP.

Record No. 801904.

303 S.E.2d 908 (1983)

Charles L. BURNS, Jr., et al. v. WINCHESTER MEMORIAL HOSPITAL.

Supreme Court of Virginia.

June 17, 1983.

Attorney(s) appearing for the Case

D.P. Rabun, Winchester (Philip E. Groves, Larrick, White, Andre' & Rabun, Largent, Anderson, Larrick & Groves, Winchester, on briefs), for appellants.

Ronald J. Brown, Winchester (William A. Johnston, Harrison & Johnston, Winchester, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, THOMPSON, STEPHENSON, RUSSELL and THOMAS, JJ.

STEPHENSON, Justice.

In this declaratory judgment proceeding, Winchester Memorial Hospital asked the trial court to enjoin the appellants, Charles L. Burns, Jr., and other lot owners in Baker Terrace Subdivision,1 from enforcing certain restrictive covenants which appellants contend prohibit the Hospital from constructing a multi-story parking garage. Holding the restrictions were invalid, the trial court enjoined the appellants from enforcing...

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