SHILLING v. JIMENEZ

Record No. 031907.

597 S.E.2d 206 (2004)

268 Va. 202

John D. SHILLING, et al. v. Sandra J. JIMENEZ, et al.

Supreme Court of Virginia.

June 10, 2004.


Attorney(s) appearing for the Case

Stephen C. Price (Lawrence J. McClafferty; McCandlish & Lillard, on briefs), Leesburg, for appellants.

Thomas K. Plofchan, Jr.; John Foote (Plofchan & Associates; Walsh, Colucci, Lubeley, Emrich & Terpak, on briefs), Sterling, for appellees.

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


OPINION BY RUSSELL, Senior Justice.

The dispositive question presented by this appeal is whether a landowner, aggrieved by the local governing body's approval of a subdivision of neighboring lands, may attack that approval indirectly by suit against the subdividers and their successors in title. We answer the question in the negative.

Because the appeal questions the trial court's action in sustaining demurrers, only the facts as set forth in the bill of complaint...

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