Legal Opinion

Booher v. Botetourt County Board of Supervisors

Botetourt County Circuit Court

Decided October 6, 2004No. Case No. CH03-280Published

1Opinion of the Court

By Judge Charles N. Dorsey

This matter is before the Court on Defendants’ demurrers and special pleas. For the following reasons, the Court overrules Defendants’ demurrers and denies the Defendants’ special pleas.

Facts

As set out in the prior opinion,1 the facts are as follows. On September 28, 1997, the Brookfield Subdivision Plat was recorded in Plat Book 18, Pages 104 and 105, located in the Clerk’s Office of the Circuit Court of Botetourt County. The survey of the subdivision provided for a “Future Road” between Lot 6 and Lot 7, on the northeast side of Brookfield Lane. The Future Road…

2Cases cited13 opinions

  1. Connecticut National Bank v. GermainSupreme Court of the United States · 1992
  2. CaterCorp, Inc. v. Catering Concepts, Inc.Supreme Court of Virginia · 1993
  3. Ward's Equipment, Inc. v. New Holland North America, Inc.Supreme Court of Virginia · 1997
  4. Thompson Ex Rel. Thompson v. Skate America, Inc.Supreme Court of Virginia · 2001
  5. Glazebrook v. Board of SupervisorsSupreme Court of Virginia · 2003

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