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SCOTT v. WALKER

Record No. 061410.

645 S.E.2d 278 (2007)

William D. SCOTT, et al. v. Donald F. WALKER, et al.

Supreme Court of Virginia.

June 8, 2007.

Attorney(s) appearing for the Case

James I. Gilbert, IV (The Gilbert Law Firm, on briefs), for appellants.

Elizabeth K. Dillon (Guynn, Memmer & Dillon, on brief), for appellees.

Amicus Curiae: Massanutten Vacation Homeowners Association (Kevin M. Rose; BotkinRose, on briefs), in support of appellants.

Amici Curiae: Kenneth J. Keller, et al. (Stephen W. Adkins; Miller, Earle & Shanks, on brief), in support of appellees.

OPINION BY Justice CYNTHIA D. KINSER.

In this appeal, we decide whether a restrictive covenant stating that certain real property "shall [not] be used except for residential purposes" prohibits the short-term rental of a single-family dwelling. Because we find the restrictive covenant ambiguous, we construe it in favor of the free use of land and will therefore reverse the judgment of the circuit court enjoining the nightly and weekly rental of the property at issue...

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