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CHESTERFIELD MEADOWS SHOP. CENTER v. SMITH

Record No. 012519.

568 S.E.2d 676 (2002)

264 Va. 350

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

Supreme Court of Virginia.

September 13, 2002.

Attorney(s) appearing for the Case

John R. Walk (Hirschler Fleischer, on briefs), Richmond, for appellants.

Christopher J. Habenicht (Hopson, Habenicht & cave, on brief), Chester, for appellee.

Opinion by Justice LAWRENCE L, KOONTZ, Jr.

In this appeal, we consider whether the chancellor correctly determined that a change in conditions rendered a restrictive covenant on the use of land null and void.

BACKGROUND

This is the second time that the validity of the restrictive covenant under consideration has been the subject of an appeal before this Court. In Smith v. Chesterfield Meadows Shopping Center, 259 Va. 82

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