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KIRBY v. TOWN OF CLAREMONT

Record No. 910933.

416 S.E.2d 695 (1992)

Ann K. KIRBY, Co-Trustee, etc. v. TOWN OF CLAREMONT, et al.

Supreme Court of Virginia.

April 17, 1992.

Attorney(s) appearing for the Case

William G. Broaddus (James F. Stutts, James W. Renney, McGuire, Woods, Battle & Boothe, on briefs), for appellants.

John K. Burke, Jr. (Clinton B. Faison, Jr., Mays & Valentine, on brief), for appellee Town of Claremont.

Richard L. Waltson, Jr., Sr. Asst. Atty. Gen. (Mary Sue Terry, Atty. Gen., K. Marshall Cook, Deputy Atty. Gen., on brief), for appellee Com. of Virginia Dept. of Transp.

Present: CARRICO, C.J., COMPTON, STEPHENSON, WHITING, LACY and KEENAN, JJ., and COCHRAN, Retired Justice.

KEENAN, Justice.

This appeal involves a dispute over the use of a road constructed on an easement granted to the Town of Claremont. Ann K. Kirby, successor to the easement's grantor, primarily asserts that the trial court erred in ruling that (1) pursuant to Code § 33.1-151, a public necessity exists for continuance of the road and that the welfare of the public would not be served best by abandonment of the road;...

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