Layton v. Seawall Enterprises, Inc.

In this appeal, we deal with application of the Rules of Court relating to equity practice and procedure. Specifically, we consider whether the trial court properly allowed litigation of a claim by new parties who intervened in a pending case. Rule 2:15, as pertinent here, provides: “A new party may by petition filed by leave of court assert any claim or defense germane to the subject matter of the suit.”

In 1978, numerous owners of residential property fronting on the north side of Lauderdale Avenue in Virginia Beach became concerned that development would occur directly across the street…