LOFTON RIDGE v. NORFOLK SOUTHERN RY. CO.

Record No. 032716.

601 S.E.2d 648 (2004)

268 Va. 377

LOFTON RIDGE, L.L.C. v. NORFOLK SOUTHERN RAILWAY COMPANY, etc.

Supreme Court of Virginia.

September 17, 2004.


Attorney(s) appearing for the Case

Elisabeth M. Ayyildiz (James W. Barkley; Morin & Barkley, on briefs), Charlottesville, for appellant.

Frank K. Friedman (Mark D. Loftis; Woods Rogers, on brief), Roanoke, for appellee.

Present: All the Justices.


LEMONS, Justice.

In this appeal, we consider whether the trial court properly applied the doctrine of judicial estoppel in dismissing with prejudice a plaintiff's suit seeking declaration of an easement for access to a parcel of land.

I. Facts and Proceedings Below

Lofton Ridge, LLC, ("Lofton Ridge") purchased 226 acres of land in Augusta County, Virginia in the fall of 1998 with the intention of subdividing the property for twelve residential home...

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