Buchner v. Kenyon L. Edwards Co.

Kenyon L. Edwards Company, Inc., filed its petition in chancery for declaratory judgment in the Circuit Court of Arlington County against Hanson Buchner and Eugene J. Sobel, Trustees. Edwards, as contract owner of a certain parcel of land in Fairfax County, sought to have a restrictive covenant affecting the property declared void. The covenant prohibited use of the land without prior approval by Buchner and Sobel and their successors in title.

Evidence was heard ore tenus by the lower court. The motion of Buchner and Sobel to strike petitioner’s evidence was overruled by the chancellor on the…