Lake of the Woods Ass'n, Inc. v. McHugh
Supreme Court of Virginia
1Opinion of the CourtChief Justice Carrico
Both these appeals stem from the same final decree and present the same principal question, viz., whether a right of first refusal is subject to the rule against perpetuities. If so, a subsidiary question is whether Code § 55-13.3, Virginia’s “wait and see” statute, may be applied retroactively to save the right of first refusal involved in this case. The trial court held that the rule is violated and that the “wait and see” statute may not be applied retroactively to save the right. We agree with the trial court and will affirm its holdings.
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2Cases cited16 opinions
- Pension Benefit Guaranty Corporation v. RA Gray & Co.Supreme Court of the United States · 1984
- Shiflet v. EllerSupreme Court of Virginia · 1984
- School Board v. United States Gypsum Co.Supreme Court of Virginia · 1987
- Ferrero Construction Co. v. Dennis Rourke Corp.Court of Appeals of Maryland · 1988
- Ryland Group, Inc. v. WillsSupreme Court of Virginia · 1985
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- Fallschase Development Corp. v. BlakeyDistrict Court of Appeal of Florida · 1997
- Firebaugh v. WhiteheadSupreme Court of Virginia · 2002
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