Omega Corp. of Chesterfield v. Malloy

This appeal involves a proposal to construct and operate group homes for the mentally retarded in subdivisions subject to restrictive covenants which limit uses to “residential purposes” and prohibit buildings other than “single-family” dwellings. The subdivisions in question are Providence Pines and Scottingham, both located in Chesterfield County.

The Omega Corporation of Chesterfield, a nonstock, nonprofit Virginia corporation (Omega), owns one lot in each subdivision. Omega proposed to build a dwelling on each lot “to provide mentally retarded adults with normal residential housing in a…