Saddlebrook Estates Cmty. Ass'n, Inc. v. City of Suffolk

OPINION BY JUSTICE WILLIAM C. MIMS

**38 In this appeal, we consider whether the definition of "open or common space" in Code § 58.1-3284.1(A) excludes real property used for a commercial enterprise.

*162 I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW

Christina Gray obtained a conditional use permit for a cluster development on a parcel of real property situated in the City of Suffolk. The development proposal included an equestrian center. Gray thereafter conveyed the parcel to Kings Fork, LLC ("Kings Fork"). Kings Fork set aside a portion of the parcel as the Equestrian Center Parcel ("the ECP").

Kings…