Kern v. Preston Court, Ltd. Partnership

By Judge Edward L. Hogshire

I. Findings of Fact

A. The Restriction

Defendant Preston Court, Limited Partnership (“Preston Court”) owns a certain parcel of real property located in the City of Charlottesville, Virginia, described as Lot Nos. 12 and 13 on Plat of Preston Place recorded in the Office of the Clerk of the Circuit Court of the City of Charlottesville in Deed Book 34, Page 478 (“Preston Court Property”).

Plaintiff Margaret Kern is the duly qualified executrix of the Estate of Margaret Mayo, who died on April 21, 2001. Mayo was the owner of aparcel of real property adjacent to the…