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WAYNESBORO VILLAGE v. BMC PROPERTIES

Record No. 970343.

496 S.E.2d 64 (1998)

WAYNESBORO VILLAGE, L.L.C. v. BMC PROPERTIES, et al.

Supreme Court of Virginia.

January 9, 1998.

Attorney(s) appearing for the Case

Victor V. Ludwig (Nelson, McPherson, Summers & Santos, on brief), Staunton, for appellant.

Robert B. Delano, Jr. (John A. Conrad; Sands, Anderson, Marks & Miller, on brief), Richmond, for appellee BMC Properties.

No brief or argument on behalf of appellees Bank of Essex, Alexander F. Dillard, Jr., Trustee and Earl R. Johnson, Trustee.

Present: All the Justices.

HASSELL, Justice.

The primary issue we consider in this appeal is whether a restrictive covenant is enforceable.

The relevant facts are not in dispute. Shenandoah Village Associates, L.P., predecessor in title to appellant, Waynesboro Village, L.L.C., was the original developer of a retail shopping mall in Waynesboro. By recorded deeds of trust, Shenandoah Village conveyed certain real estate, in trust, to secure an indebtedness to Dollar Dry Dock Bank.

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