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Wells v. Beville

Supreme Court of Virginia
Oct 13, 2021
No. 210469 (Va. Oct. 13, 2021)

Opinion

210469

10-13-2021

MARK D. WELLS, ET AL. v. SEAN BEVILLE, ET AL.

Counsel Eric H. Ferguson (Rhodes & Ferguson Attorneys at Law) for appellants. James I. Gilbert, IV (Gilbert Law, PC) for appellees.


The Circuit Court of Pittsylvania County; S. Moreau, Judge.

Counsel Eric H. Ferguson (Rhodes & Ferguson Attorneys at Law) for appellants.

James I. Gilbert, IV (Gilbert Law, PC) for appellees.

GRANTED APPEAL SUMMARY

Assignments of Error

1. The Circuit Court erred in failing to apply the plain and unambiguous meaning of the language used in Restrictive Covenants #4 and #8 as used in Deed Book 540, Page 508.

2. The Circuit Court erred in finding that Mark and Emily Wells lacked the vertical privity necessary to enforce Restrictions #4 and #8 against Sean and Carolyn Beville.

3. The Circuit Court erred in finding that Mark and Emily Wells had "unclean hands" which led to their being estopped in enforcing Restrictions #4 and #8 when the actions of Sean and Carolyn Beville were clear violations of the Restrictions prior to the purchase of Lot 2 by Mark and Emily Wells.

4. The Circuit Court erred in finding that the enforcement of Restrictions #4 and #8 would cause an undue burden upon Sean and Carolyn Beville which would result in unjust enrichment of Mark and Emily Wells.


Summaries of

Wells v. Beville

Supreme Court of Virginia
Oct 13, 2021
No. 210469 (Va. Oct. 13, 2021)
Case details for

Wells v. Beville

Case Details

Full title:MARK D. WELLS, ET AL. v. SEAN BEVILLE, ET AL.

Court:Supreme Court of Virginia

Date published: Oct 13, 2021

Citations

No. 210469 (Va. Oct. 13, 2021)