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CYGNUS NEWPORT-PHASE 1B v. PORTSMOUTH

Record No. 151702.

790 S.E.2d 623 (2016)

CYGNUS NEWPORT-PHASE 1B, LLC, et al. v. CITY OF PORTSMOUTH, et al.

Supreme Court of Virginia.

September 22, 2016.

Attorney(s) appearing for the Case

Kimberly A. Taylor (Kepley Broscious & Biggs, on briefs), for appellants.

E. Rebecca Gantt , Norfolk ( Robert L. Hodges , Richmond; Solomon H. Ashby, Jr. , City Attorney; Jeffrey S. Miller , Assistant City Attorney; McGuireWoods, on brief), for appellees.

PRESENT: All the Justices.

We consider two issues in this appeal. First, we examine whether a special assessment lien has priority over a deed of trust that was recorded before the special assessments were imposed, or whether the special assessment lien is instead extinguished by the foreclosure of the deed of trust. Second, we must...

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