3232 PAGE AVE. CONDO. v. CITY OF VA. BEACH

Record No. 112193.

735 S.E.2d 672 (2012)

284 Va. 639

3232 PAGE AVENUE CONDOMINIUM UNIT OWNERS ASSOCIATION v. CITY OF VIRGINIA BEACH.

Supreme Court of Virginia.

November 1, 2012.


Attorney(s) appearing for the Case

L. Steven Emmert , Virginia Beach ( Joseph T. Waldo , Norfolk; Joshua E. Baker ; Sykes, Bourdon, Ahern & Levy; Waldo & Lyle, on briefs), for appellant.

Robert E. Travers, IV , Virginia Beach ( Donald H. Clark , Virginia Beach; Mark D. Stiles , City Attorney; Christopher S. Boynton , Deputy City Attorney; Williams Mullen , on brief), for appellee.

Present: All the Justices.


Opinion by Justice CLEO E. POWELL.

In this appeal, we consider whether a condemnor may, in an eminent domain proceeding, alternatively assert ownership rights in the condemned property. We further consider whether the evidence in this case was sufficient to support the circuit court's ruling that the City of Virginia Beach (the "City") proved an implied dedication of the disputed property.

I. Background

The present case concerns the beach...

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