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McCARTHY HOLDINGS LLC v. BURGHER

Record No. 101031.

716 S.E.2d 461 (2011)

282 Va. 267

McCARTHY HOLDINGS LLC v. Vincent W. BURGHER, III.

Supreme Court of Virginia.

September 16, 2011.

Attorney(s) appearing for the Case

Nancy D. Greene (Seeger, Faughnan, Mendicino, on briefs), Dulles, for appellant.

Michael J. Coughlin ( E. Andrew Burcher ; Walsh Colucci Lubeley Emrich & Walsh, on brief), Prince William, for appellee.

Present: KINSER, C.J., LEMONS, GOODWYN, MILLETTE, and MIMS, JJ.

Opinion by Justice S. BERNARD GOODWYN.

In this appeal, we consider whether an easement agreement granting "exclusive use," without stating the purpose or purposes for which the easement may be used, permits the owner of the dominant estate to bar the owner of the servient estate from reasonable use of the easement area as a matter of law.

Background

McCarthy Holdings LLC (McCarthy) filed a complaint against Vincent W. Burgher, III (Burgher) in the...

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