WINTERGREEN HOMESTEAD, LLC v. PENNINGTON

Record No. 0136-22-3.

880 S.E.2d 30 (2022)

76 Va. App. 69

WINTERGREEN HOMESTEAD, LLC, Philip E. Wine, Barbara Hudson, Gene Hughes and Lucy Ewing Martin v. Bettie W. PENNINGTON, Ray M. Pennington, Lizelle Jacobs, Maria Magdalena Brink and Bettie's Wintergreen, LLC.

Court of Appeals of Virginia, Lexington.

November 29, 2022.


Attorney(s) appearing for the Case

Nancy R. Schlichting , Charlottesville, ( Shannon A. Delano , Richmond; Flora Pettit PC, on briefs), for appellants.

Heather H. Goodwin (Goodwin Law of Virginia, PLLC, on brief), for appellees.

Present: Judges Fulton, Ortiz and Senior Judge Petty.


For over two centuries, members of the Harris and Coleman families were laid to rest in what became known as the Wintergreen Family Cemetery. When established, the cemetery occupied a portion of a 59-acre tract of land. The family home also occupied the same parcel, albeit some distance away. Historically...

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