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BURWELL'S BAY IMPROVEMENT ASS'N v. SCOTT

Record No. 080698.

672 S.E.2d 847 (2009)

BURWELL'S BAY IMPROVEMENT ASSOCIATION v. R. Forrest SCOTT, et al.

Supreme Court of Virginia.

February 27, 2009.

Attorney(s) appearing for the Case

Jesse J. Johnson, Jr. (Johnson, Gardy & Teumer, on brief), Suffolk, for appellant.

Anthony F. Troy (John W. Daniel II; Andrew G. Mauck; Troutman Sanders, on brief), Richmond, for appellees.

Present: All the Justices.

OPINION BY Justice DONALD W. LEMONS.

In this appeal, we consider whether a 1925 order of the Circuit Court of Isle of Wight County granting to a specified person the "right and privilege" to erect a wharf was sufficient to convey riparian rights to the recipient's successors in interest.

I. Facts and Proceedings Below

The Code of Virginia, as in effect in 1924, provided a means by which a private citizen could petition for the privilege to build...

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