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MARBLE TECHNOLOGIES, INC. v. MALLON

Record No. 140972.

773 S.E.2d 155 (2015)

MARBLE TECHNOLOGIES, INC., et al. v. Stephen M. MALLON, et al.

Supreme Court of Virginia.

June 4, 2015.

Attorney(s) appearing for the Case

James J. Reid (David, Kamp & Frank, on briefs), Newport News, for appellants.

Michael B. Ware , Newport News ( Adrienne M. Sakyi ; Schempf & Ware, on brief), Yorktown, for appellees Stephen M. Mallon, Helen G. Mallon, Arne Hasselquist, Lauren Hasselquist, and Grandview Islanders, LLC.

No brief(s) filed by other appellees.

Present: All the Justices.

In this appeal, we consider whether an express easement created by a 1936 deed was stationary or moved with the changing mean high water line.

Background

In 1936, the Grand View Development Corporation dissolved and distributed most of a large tract of real estate in what is now the White...

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