Legal Opinion

Burks v. Woodside Associates

Campbell County Circuit Court

Decided October 29, 1991No. Case No. (Chancery) 6917-BPublished

1Opinion of the Court

By JUDGE J. MICHAEL GAMBLE

This action is a suit by Charles Harold Burks and wife to have the Court declare that restrictive covenants on certain real estate which they own bordering on U.S. Route 460 restricting such real estate to residential, and not commercial or business purposes, are invalid. The plaintiffs basically maintain that these restrictions are not enforceable because there has been such a radical change in the character and nature of the neighborhood since the restrictions were imposed in 1956, they are no longer valid or, in the alternative, that these are not restrictions…

2Cases cited4 opinions

  1. Booker v. Old Dominion Land Co.Supreme Court of Virginia · 1948
  2. Marks v. WingfieldSupreme Court of Virginia · 1985
  3. Burns v. Winchester Memorial HospitalSupreme Court of Virginia · 1983
  4. Bain v. BainSupreme Court of Virginia · 1987

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