SHOOTING POINT, L.L.C. v. WESCOAT

Record Nos. 020801, 020803.

576 S.E.2d 497 (2003)

265 Va. 256

SHOOTING POINT, L.L.C., et al., v. John W. WESCOAT. John W. Wescoat, v. Shooting Point, L.L.C., et al.

Supreme Court of Virginia.

February 28, 2003.


Attorney(s) appearing for the Case

Robert W. McFarland (Steven R. Zahn, Norfolk; Daniel R. Morris, Virginia Beach; McGuire Woods, Norfolk, on briefs), for Shooting Point, LLC., et al.

Jon C. Poulson, Accomac, for John W. Wescoat.

Present: HASSELL, C.J., LACY, KEENAN, KOONTZ, KINSER, and LEMONS, JJ., and CARRICO, S.J.


Opinion by Justice BARBARA MILANO KEENAN.

In this appeal, we primarily consider whether the chancellor erred in determining the location of an easement and in ruling that the proposed use of the dominant estate as a residential subdivision would not overburden the servient estate.

John W. Wescoat owns a tract of land in Northampton County (the Wescoat parcel) that is subject to a recorded easement in favor of a 176-acre tract owned by Shooting Point, L.L.C...

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