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SHILLING v. BAKER

Record No. 090906.

691 S.E.2d 806 (2010)

Kathryn SHILLING v. Brian C. BAKER, et al.

Supreme Court of Virginia.

April 15, 2010.

Attorney(s) appearing for the Case

Michael J. Melkerson, for appellant.

Thomas H. Miller, Jr., County Atty.; Lindsay C. Brubaker (Kevin M. Rose; Bothkin-Rose, Harrisonburg, on briefs), for appellees.

Present: KEENAN, KOONTZ, LEMONS, GOODWYN, and MILLETTE, JJ., and CARRICO and LACY, S.JJ.

OPINION BY Senior Justice ELIZABETH B. LACY.

FACTS

The dispositive issue in this appeal is whether a plot of land referred to as the "Baker Cemetery" constitutes a valid cemetery under a Rockingham County zoning ordinance.

Oliver Edwin Baker and Alice Crew Baker, the grandparents of Kathryn Shilling and Brian Baker, owned a tract of land in Rockingham County that included a scenic hilltop overlook. When Oliver died in 1949, his ashes were...

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