SMITH v. CHESTERFIELD MEADOWS SHOPPING

Record No. 990164.

523 S.E.2d 834 (2000)

259 Va. 82

A. Dale SMITH, et al. v. CHESTERFIELD MEADOWS SHOPPING CENTER ASSOCIATES, L.P., et al.

Supreme Court of Virginia.

January 14, 2000.


Attorney(s) appearing for the Case

Christopher J. Habenicht (Hopson & Habenicht, on briefs), Chester, for appellants.

John R. Walk (Hirschler, Fleischer, Weinberg, Cox & Allen, on brief), Richmond, for appellees.

Present: All the Justices.


LACY, Justice.

A. Dale Smith and Richard M. Allen appeal the trial court's judgment sustaining a demurrer dismissing their bill of complaint seeking to have a restrictive covenant declared null and void. Finding that the pleadings were sufficient to state a cause of action, we will reverse the judgment of the trial court.

In 1979, Allen owned approximately 5.5 acres of land on the north side of Centralia Road at its intersection with State Route 10 in Chesterfield...

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