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LEAKE v. CASATI

Record No. 850253.

363 S.E.2d 924 (1988)

Joe M. LEAKE, et al. v. Walter C. CASATI, et al.

Supreme Court of Virginia.

January 15, 1988.

Attorney(s) appearing for the Case

Francis L. Buck (Buck, Hogshire & Gouldman, Ltd., Charlottesville, on briefs), for appellants.

Edward R. Slaughter, Jr., George R. St. John, Co. Atty. (Matt S. Nydell, James B. Murray, Jr., Frederick W. Payne, Deputy Co. Atty., Slaughter & Redinger, P.C., Charlottesville, on briefs), for appellees.

Present: All the Justices.

RUSSELL, Justice.

This appeal from a decree of sale in a partition suit presents the question whether a chancellor, in deciding whether the land may conveniently be partitioned in kind, is controlled by the provisions of local ordinances regulating the subdivision of land.

The land in question is a long, narrow, irregularly shaped tract containing approximately 190 acres, lying east of Charlottesville. Its southern boundary is the Rivanna River, and its only...

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