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SONOMA DEVELOPMENT, INC. v. MILLER

Record No. 982098.

515 S.E.2d 577 (1999)

258 Va. 163

SONOMA DEVELOPMENT, INC. v. Girard C. MILLER, et al.

Supreme Court of Virginia.

June 11, 1999.

Attorney(s) appearing for the Case

William E. Glover (Jeannie P. Dahnk; Glover & Dahnk, on brief), for appellant.

Mark P. Friedlander, Jr., Arlington (Barbara P. Beach, Alexandria; Friedlander & Friedlander, Arlington; Beach & Associates, Alexandria, on brief), for appellees.

Present: All the Justices.

KINSER, Justice.

In a decree dated July 29, 1998, the circuit court upheld the validity of a "Declaration of Restriction" and ordered Sonoma Development, Inc. (Sonoma), to remove all improvements that were within three feet of the north wall of a residence owned by Girard C. Miller and Lynn E. Miller (the Millers). In granting the Millers' motion for summary judgment, the circuit court stated that "there was a valid declaration of restriction on the property recorded...

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