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RIVER HEIGHTS ASSOC. PARTNERSHIP v. BATTEN

Record No. 030180.

591 S.E.2d 683 (2004)

267 Va. 262

RIVER HEIGHTS ASSOCIATES LIMITED PARTNERSHIP, et al. v. Alice BATTEN, et al.

Supreme Court of Virginia.

January 16, 2004.

Attorney(s) appearing for the Case

Grayson P. Hanes (Aaron S. Book; Reed Smith, on briefs), Falls Church, for appellants.

Christopher J. Smith (Jones & Green, Charlottesville, on brief), for appellees.

Present: HASSELL, C.J., KEENAN, KINSER, LEMONS, and AGEE, JJ., and CARRICO and COMPTON, S.JJ.

OPINION BY Senior Justice HARRY L. CARRICO.

Procedural Background

In a bill of complaint for declaratory judgment, Alice Batten and other owners of lots in the Carrsbrook Subdivision in Albemarle County (collectively, Batten)1 sought a declaration favoring the enforceability of restrictive covenants prohibiting commercial use of four unimproved lots in the same subdivision, namely, Lots 1, 2C, and 2D in Section C and Lot...

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