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SUSSEX COM. SERV. v. SOC. FOR MENT. RET.

Record No. 950843.

467 S.E.2d 468 (1996)

SUSSEX COMMUNITY SERVICES ASSOCIATION v. The VIRGINIA SOCIETY FOR MENTALLY RETARDED CHILDREN, INCORPORATED.

Supreme Court of Virginia.

March 1, 1996.

Attorney(s) appearing for the Case

James F. Pascal, Richmond, for appellant.

Timothy M. Kaine, Richmond (Rhonda M. Harmon; Mezzullo & McCandlish, on brief), for appellee.

Amicus Curiae: County of Chesterfield, Virginia (Steven L. Micas, County Attorney; Michael P. Kozak, Assistant County Attorney, on brief), in support of appellee.

Amicus Curiae: Virginia Association of Community Services Boards, Inc. (Mark E. Rubin; Jessica S. Jones; Robert A. Dybing; Shuford, Rubin & Gibney, Richmond, on brief), in support of appellee.

Amici Curiae: American Civil Liberties Union of Virginia, Inc.; ARC of Virginia, Inc.; Judge David L. Bazelon Center for Mental Health Law, Inc.; Housing Opportunities Made Equal, Inc.; Mental Health Association of Virginia, Inc.; Virginia Mental Health Consumers Association, Inc. and Richmond Residential Services, Inc., on brief), in support of appellee.

Amicus Curiae: County of Henrico, Virginia (Joseph P. Rapisarda, Jr., County Attorney; Karen M. Adams, Assistant County Attorney, on brief), in support of appellee.

Present: All the Justices.

LACY, Justice.

The issue in this appeal is whether Code § 36-96.6(C) applies retroactively to restrictive covenants recorded in 1975.

Sussex Community Services Association (Sussex) is a nonstock corporation whose members are the owners of lots located in the Sussex residential subdivision in Henrico County. All lots in the subdivision are subject to restrictive covenants that were recorded on June 10, 1975...

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