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FORBES v. SCHAEFER

Record No. 810025.

310 S.E.2d 457 (1983)

Bruce FORBES, et al. v. John R. SCHAEFER, et al.

Supreme Court of Virginia.

December 2, 1983.

Attorney(s) appearing for the Case

I. Clinton Miller, Woodstock (Patrick M. McSweeney, Jack W. Burtch, Jr., McSweeney, Stutts & Burtch, Richmond, on briefs), for appellants.

Thomas V. Monahan, Leesburg (Kermit L. Racey, Woodstock, Hall, Monahan, Engle, Mahan & Mitchell, Racey & Racey, Leesburg, on brief), for appellees.

No brief or argument for Henry C. Clark, Trustee, V. Stephen Bradshaw, Trustee, I. Clinton Miller, Trustee, and Bryce's Mountain Resort, Inc., appellees.

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

COMPTON, Justice.

In this land use controversy, we consider whether a parcel in a planned resort community is subject to certain restrictive covenants.

Bryce's Mountain, including its residential portion called Sky Bryce, is located in Shenandoah County at the village of Basye. The terrain varies from gently sloping to rugged, mountainous, hilly land. In 1965, Paul B. Brice conceived the idea to develop the area as a residential retirement community. The actual...

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