Grenco Real Estate Investment Trust v. Brooker

The question for decision in this case is whether a real estate investment trust created under Chapter 9 of Title 6.1 of the Code of Virginia qualifies as an “unincorporated association” within the meaning of Code § 8-66 1 and is thereby entitled to sue in its own name rather than by its trustees.

The question arose when a demurrer was filed to a motion for judgment brought by Grenco Real Estate Investment Trust against Richard H. Brooker, Sr., and Patricia G. Brooker. The motion sought recovery of $5,425.27 plus interest and attorneys fees allegedly due by promissory note. The demurrer…