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BLACK v. EAGLE

Record No. 931084.

445 S.E.2d 662 (1994)

Thomas R. BLACK, et al. v. Vernon A. EAGLE, et al.

Supreme Court of Virginia.

June 10, 1994.

Attorney(s) appearing for the Case

Charles D. Bennett, Jr., Roanoke, for appellants.

Robert C. Wood, III, Lynchburg (Edmunds & Williams, on brief), for appellees.

Amicus Brief: (James S. Gilmore, III, Atty. Gen., Roger L. Chaffe, Sr. Asst. Atty. Gen., Frederick S. Fisher, Asst. Atty. Gen., on briefs), in support of appellants.

Present: CARRICO, C.J., and COMPTON, WHITING, LACY, HASSELL and KEENAN, JJ., and POFF, Senior Justice.

COMPTON, Justice.

This is an appeal in a suit brought under Code § 41.1-16 to sell "waste and unappropriated" land located on House Mountain in Rockbridge County. According to the record, House Mountain "is a striking natural feature" that provides "the scenic backdrop" to the west for the city of Lexington. The record shows that generations of citizens, including college students, "have enjoyed hiking and climbing, nature study, hunting, and other outdoor activities...

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