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LAKE OF THE WOODS ASS'N, INC. v. McHUGH

Record Nos. 870693, 870694.

380 S.E.2d 872 (1989)

LAKE OF THE WOODS ASSOCIATION, INC. v. William M. McHUGH, et al. Jack Milton JAMES, et al. v. Marvin R. BURT, et al.

Supreme Court of Virginia.

June 9, 1989.

Attorney(s) appearing for the Case

Atwell W. Somerville (Somerville, Moore & Somerville, Ltd., on briefs), for Lake of the Woods Ass'n, Inc.

Robert H. Blodinger, for appellees William M. McHugh and Quirina Harryette Sanders McHugh.

John A. Blazer (Crews & Hancock, on brief), for appellees Helen V. Sanders, Richard I. Smith and William T. Nichols.

No brief or argument for appellees Marvin R. Burt, Joy Lee Burt, Jack Milton James and Agnes Pakosta James.

Mark S. James (John G. Berry, Berry & Early, on briefs), for appellants Jack Milton James, et al.

Present: All the Justices.

CARRICO, Chief Justice.

Both these appeals stem from the same final decree and present the same principal question, viz., whether a right of first refusal is subject to the rule against perpetuities. If so, a subsidiary question is whether Code § 55-13.3, Virginia's "wait and see" statute, may be applied retroactively to save the right of first refusal involved in this case. The trial court held that the rule is violated and that the "wait and see" statute...

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