Tuesday, April 29, 2003

Va. S.Ct. grants petition in two zoning cases and a restrictive covenant case

Among the appeals granted that were posted to the Court's website today, RAYNOLD C. GLAZEBROOK, JR., TRUSTEE, ET AL. v. BOARD OF SUPERVISORS OF SPOTSYLVANIA COUNTY involves the sufficiency of notice under Va. Code 15.2-2204, DAWSON, L.C., ET AL. v. BOARD OF SUPERVISORS OF LOUDOUN COUNTY, ET AL involves matters of rezoning, including the interesting issue of whether "[t]he trial court erred by prohibiting the Dawsons from taking the deposition of the Board's designee under Rule 4:5(b)(6) of the Supreme Court of Virginia on the ground that the Board was not a "governmental agency" within the meaning of Rule 4:5(b)(6)," and in RIVER HEIGHTS ASSOCIATES LIMITED PARTNERSHIP, ET AL. v. ALICE BATTEN, ET AL, the issues concern the trial court's failure to remove a restrictive covenant, even in "light of the overwhelming evidence that established a change of conditions so radical as practically to destroy the essential objects and purposes of the restriction," or so the petitioner claims.

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