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JENKINS v. BAY HOUSE ASSOCIATES, L.P.

Record No. 021993.

581 S.E.2d 510 (2003)

266 Va. 39

William P. JENKINS, Sr., et al. v. BAY HOUSE ASSOCIATES, L.P.

Supreme Court of Virginia.

June 6, 2003.

Attorney(s) appearing for the Case

William G. Broaddus (David E. Evans, Richmond; McGuire Woods, on briefs), for appellants.

James C. Breeden (Barbara H. Breeden; Hubbard, Breeden & Terry, on brief), Irvington, for appellee.

Present: All the Justices.

OPINION BY Justice BARBARA MILANO KEENAN.

This appeal involves a challenge to a decree in which the chancellor held that a plaintiff, who owns property lying beneath a pond opening to the Chesapeake Bay, also owns the waters of the pond. The chancellor enjoined certain owners of land abutting the pond from trespassing on the pond's waters and from placing piers or other structures reaching into the water. The dispositive issue before us is whether this holding...

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