BURKS BROS. OF VIRGINIA, INC. v. JONES

Record No. 831130.

349 S.E.2d 134 (1986)

BURKS BROTHERS OF VIRGINIA, INC., et al. v. James B. JONES, et al.

Supreme Court of Virginia.

October 10, 1986.


Attorney(s) appearing for the Case

Frank D. Hargrove, Jr. (Robert T. Wandrei, Radford & Wandrei, Bedford, on brief), for appellants.

Bolling Lambeth, Bedford, for appellees James B. Jones and James E. Blackburn.

William W. Berry, IV, Bedford, for appellees Samuel T.R. Revell, Jr. and Ruth H. Revell.

No briefs or arguments for remainder of appellees.

Present: All the Justices.


RUSSELL, Justice.

This appeal involves the determination of public and private rights in a mountain trail and in a portion of an abandoned public road.

There is no significant factual dispute. The controversy concerns access to lands near the Peaks of Otter in Bedford County, on a long mountain which extends from Antioch Church on the southwest to Bedford Lake on the northeast. The mountain is paralleled by two public roads: Route 122 on its southeast side...

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