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FANCHER v. FAGELLA

Record No. 062339.

650 S.E.2d 519 (2007)

Richard A. FANCHER v. Joseph B. FAGELLA.

Supreme Court of Virginia.

September 14, 2007.

Attorney(s) appearing for the Case

E. Brian Alexander (Odin, Feldman & Pittleman, on briefs), Fairfax, for appellant.

Richard W. Souther (Hartel, Kane, Desantis, MacDonald & Howie, on brief), Greenbelt, MD, for appellee.

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

SENIOR Justice CHARLES S. RUSSELL.

This is an interlocutory appeal taken pursuant to Code § 8.01-670(B)(1) from an order denying injunctive relief. The dispositive question is whether an injunction may issue to compel an adjoining landowner to remove a tree, the roots of which intrude into, and cause significant, continuous and increasing structural damage to the plaintiff's property. The appeal requires us to revisit our holding in Smith v. Holt, 174...

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