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BARRIS v. KESWICK HOMES, L.L.C.

Record No. 031915.

597 S.E.2d 54 (2004)

268 Va. 67

Adrienne A. BARRIS, et al. v. KESWICK HOMES, L.L.C.

Supreme Court of Virginia.

June 10, 2004.

Attorney(s) appearing for the Case

Robert J. Beagan (Mathew D. Ravencraft; Flinn & Beagan, on brief), Vienna, for appellants.

James Bruce Davis, Arlington (Raighne C. Delaney, Alexandria; Gregory D. Haight, Vienna; Bean, Kinney & Korman, Arlington, Haight, Tramonte, Siciliano, Flask, Yeonas & Roberts, Vienna, on brief), for appellee.

Present: All the Justices.

KOONTZ, Justice.

In this appeal, we consider whether the circuit court correctly ruled that a particular lot in a residential subdivision is no longer subject to a restrictive covenant prohibiting the resubdivision of lots in that subdivision.

BACKGROUND

By a recorded deed of dedication and plat dated December 14, 1948, Manning Gasch and Hilda L. Gasch subdivided a tract of land in Fairfax County to create the Prospect Hill residential subdivision...

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