Trailsend Land Co. v. Virginia Holding Corp.

Reduced to the essentials, this is a case in which the majority has redetermined the facts on appeal. In my opinion, the trial court applied proper standards to VHC’s burden of proof, correctly considered only relevant evidence that did not vary the terms of the deed, and properly decided that construction of facilities for the required purposes had not been “commenced” within the six-year period in question. Furthermore, I disagree with the majority’s conclusion that the repurchase option is a condition subsequent. See School Board v. Payne, 151 Va. 240, 144 S.E. 444 (1928).

The trial court…