EDMISTON HOMES, LTD. v. McKINNEY GROUP

Record No. 900896.

401 S.E.2d 875 (1991)

EDMISTON HOMES, LTD. v. The McKINNEY GROUP, et al.

Supreme Court of Virginia.

March 1, 1991.


Attorney(s) appearing for the Case

George H. McNeal, III, Midlothian, for appellant.

Robert C. Bode (Bode and Dickinson, Richmond, on brief), for appellees.

Present: All the Justices.


RUSSELL, Justice.

This appeal presents the question whether the language of subdivision restrictive covenants had the effect of creating a permanent easement.

In 1979, William J. Schmidt, doing business as S & S Development Company (Schmidt), submitted an application for the rezoning of a 50-acre tract in Henrico County to permit development for single-family, semi-detached dwellings. The rezoning was granted. The pertinent part of the Henrico zoning ordinance...

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