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HOFFMAN FAMILY v. MILL TWO ASSOCIATES

Record No. 981302.

529 S.E.2d 318 (2000)

HOFFMAN FAMILY, L.L.C. v. MILL TWO ASSOCIATES PARTNERSHIP, et al.

Supreme Court of Virginia.

April 21, 2000.

Attorney(s) appearing for the Case

Ina C. Charvet (Marc E. Bettius; Lawson & Frank, on briefs), Arlington, for appellant.

C. Torrence Armstrong, McLean (David Fiske, Washington, DC; McGuire, Woods, Battle & Boothe, McLean; Shaw, Pittman, Potts & Trowbridge, Washington, DC, on brief), for appellees Old Town Development Company, L.L.C. and Mill Two Associates Partnership.

No brief or argument for appellee Zion Properties of New York, Inc.

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and WHITING, Senior Justice.

KOONTZ, Justice.

In this appeal, we first consider whether a proposed land development had advanced to a point sufficient to permit the chancellor to issue a declaratory judgment construing a restrictive covenant burdening a portion of the land to be developed, and if so, whether the chancellor correctly determined that the proposed development did not violate that restrictive covenant.

BACKGROUND

The central focus of this appeal is a restrictive...

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