Chesterfield Meadows Shopping Center Associates, L.P. v. Smith

In this appeal, we consider whether the chancellor correctly determined that a change in conditions rendered a restrictive covenant on the use of land null and void.

*352BACKGROUND

This is the second time that the validity of the restrictive covenant under consideration has been the subject of an appeal before this Court. In Smith v. Chesterfield Meadows Shopping Center, 259 Va. 82, 86, 523 S.E.2d 834, 836 (2000), we reversed the chancellor’s judgment sustaining a demurrer and remanded the case for further proceedings. The present appeal arises from those proceedings. Most of the pertinent facts,…