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BARTER FOUNDATION, INC. v. WIDENER

Record No. 022409.

592 S.E.2d 56 (2004)

267 Va. 80

The BARTER FOUNDATION, INC., et al. v. Gordon L. WIDENER, et al.

Supreme Court of Virginia.

January 16, 2004.

Attorney(s) appearing for the Case

Byrum L. Geisler (Penn, Stuart & Eskridge, on briefs), Bristol, TN, for appellants.

Michael A. Bragg (Emmitt F. Yeary; Yeary & Associates, on brief), Abingdon, for appellees.

Present: HASSELL, C.J., and LACY, KEENAN, KOONTZ, LEMONS, and AGEE, JJ., and RUSSELL, S.J.

OPINION BY Justice LAWRENCE L. KOONTZ, JR.

In this appeal, we consider the rights of owners of land with respect to an adjoining undeveloped parcel that was dedicated for use as a public street in 1944, but which has never been formally accepted by the governing public authority.

BACKGROUND

On April 22, 1940, Investors Service Corporation conveyed to Benson S. Alleman a 50-acre tract in the Town of Abingdon (the Town) that formerly had been a portion...

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