1963
Minner v. Lynchburg
Supreme Court of Virginia
204 Va. 180, 129 S.E.2d 673
Owners of twenty-one lots in subdivision brought action to enforce uniform restrictions in their deeds to prevent the City of Lynchburg, which had received a conveyance of a lot, from using a fifty foot strip of that lot as a public street. Trial court found for City. Supreme Court reversed with instructions to enjoin City from building public street. Restrictive covenant against building any road on the lots ran with the land and City had notice before acquiring its lot. City could still acquire the right to do so by the exercise of eminent domain.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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