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COLONY COUNCIL BD. OF DIR. v. HIGHTOWER ENT.

Record No. 811771.

319 S.E.2d 772 (1984)

The COLONY COUNCIL BOARD OF DIRECTORS, et al. v. HIGHTOWER ENTERPRISES, et al.

Supreme Court of Virginia.

September 7, 1984.

Attorney(s) appearing for the Case

John F. Newhard, Jr., Norfolk (S. Lawrence Dumville; Breeden, Howard & MacMillan, Norfolk, on briefs), for appellants.

John W. Drescher, Virginia Beach (Jonathan L. Hauser; Pickett, Lyle, Siegel, Drescher & Croshaw, Virginia Beach, on brief), for appellees.

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

THOMAS, Justice.

In this appeal from a declaratory judgment proceeding, the Court is called upon to construe the word "unsold" as that word is used in the bylaws of the owners' association of the Colony Condominium. The owners' association contends that once a unit is sold it can never be "unsold." The developer, Hightower Enterprises (Hightower), contends that any unit held by it either because it was never sold or because it was reacquired after default by a purchaser...

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