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CITY OF VIRGINIA BEACH v. GREEN

Record No. 821456.

334 S.E.2d 570 (1985)

CITY OF VIRGINIA BEACH v. Samuel Archer GREEN, et al.

Supreme Court of Virginia.

September 6, 1985.

Attorney(s) appearing for the Case

Mark E. Slaughter, Asst. City Atty. (J. Dale Bimson, City Atty., on brief), for appellant.

Janet B. Brydges, Virginia Beach (W. Edward Hudgins, Jr., Richard G. Brydges, Virginia Beach, on brief), for appellees.

Present: All the Justices.

COMPTON, Justice.

In this equity proceeding, we review action of the trial court which enjoined a municipality from directing removal of an encroachment constructed by a private landowner on a public way.

In July of 1979, complaints were made to the City of Virginia Beach that man-made obstructions were encroaching on the public, oceanfront beach area of the Atlantic Ocean. Designated on plats as Ocean Avenue, the public way is approximately 150 feet wide...

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