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NEXTEL WIP LEASE CORP. v. SAUNDERS

Record Nos. 071653, 071655.

666 S.E.2d 317 (2008)

NEXTEL WIP LEASE CORPORATION v. Roscoe Neal SAUNDERS, Executor of the Estate of Cora Bell Meador Saunders, et al. TowerCo LLC v. Roscoe Neal Saunders, Executor of the Estate of Cora Bell Meador Saunders, et al.

Supreme Court of Virginia.

September 12, 2008.

Attorney(s) appearing for the Case

Anand V. Ramana (M. Melissa Glassman; McGuire Woods, McLean, on briefs), for appellant Nextel WIP Lease Corporation.

Kelly L. Faglioni (Edward P. Noonan; Hunton & Williams, Richmond, on briefs), for appellant TowerCo LLC.

Robert T. Wandrei (James C. McIvor, Bedford, on brief), for appellees.

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

OPINION BY Senior Justice HARRY L. CARRICO.

The issue in these appeals is whether the lease of a parcel of land atop a mountain in Bedford County permits the erection of one telecommunications tower or two such towers. In a declaratory judgment proceeding, the circuit court held that the lease permitted only one tower. We agree with the circuit court and will affirm its judgment.

The parcel of land, measuring approximately 50' by 50', is part of a larger tract...

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