Old Dominion Boat Club v. Alexandria City CouncilAnnotate this Case
The City of Alexandria and the City Council (collectively, the City) granted a special use permit and license to 106 Union Dublin, LLC and 106 Union Ireland, LLC (collectively, the Union parties) allowing the Union parties to construct an outdoor dining deck on a public street named Wales Alley. Old Dominion Boat Club (ODBC) filed an action against the City and the Union parties, seeking to enforce an alleged private easement over Wales Alley that had been deeded prior to Wales Alley becoming a public street. ODBC sought a declaration that its vested easement existed and a permanent injunction against the City and the Union parties prohibiting them from obstructing its easement. The circuit court concluded that the City had accepted a fee simple interest in Wales Alley, and that acceptance had extinguished OBDC's easement pursuant to a local ordinance. The Supreme Court reversed, holding that because the conversion of Wales Alley to a public street did not result in a cessation of the purpose for which the easement was granted, ODBC's easement over Wales Alley was not extinguished when Wales Alley became a public street. Remanded.