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LYNNHAVEN DUNES v. CITY OF VIRGINIA BEACH

Record No. 120086.

733 S.E.2d 911 (2012)

284 Va. 661

LYNNHAVEN DUNES CONDOMINIUM ASSOCIATION v. CITY OF VIRGINIA BEACH.

Supreme Court of Virginia.

November 1, 2012.

Attorney(s) appearing for the Case

Henry E. Howell, III , Norfolk ( Benjamin L. Perdue ; Louis G. Paulson ; Matthew R. Paulson ; Eminent Domail Litigation Group; Paulson & Paulson, Virginia Beach, on briefs), for appellant.

Christopher S. Boynton , Deputy City Attorney ( Mark D. Stiles , City Attorney; Terry L. Jenkins , Associate City Attorney, on brief), for appellee.

Present: All the Justices.

Opinion by Justice CLEO E. POWELL.

In this appeal, we consider whether an ordinance authorizing the acquisition of an easement by condemnation also confers the authority to acquire the easement by an action to quiet title. 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 easements and whether the circuit court erred in...

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