
                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SATURDAY, March 27, 1993                   TAG: 9303270100
SECTION: BUSINESS                    PAGE: A-4   EDITION: METRO 
SOURCE: GEORGE KEGLEY STAFF WRITER
DATELINE:                                 LENGTH: Short

JUDGE RULES AGAINST SIDNEY'S

U.S. District Judge Samuel Wilson has ruled that an old covenant prohibits construction of an access road to land the Sidney's clothing company wants to develop.

Wilson's order against Sidney's overturns an October ruling by Bankruptcy Court Judge Ross Krumm that the covenant was ambiguous and its intent was only to restrict the type of building constructed on the lot.

As part of the women's apparel chain's bankruptcy reorganization, Sidney's sought a ruling that the covenant permits access from Peakwood Drive to a 50-acre undeveloped tract in South Roanoke.

John Fishwick, lawyer for Sidney's, said Friday he had not seen the decision, entered Thursday, and could not comment on further action by the company.

Richard and Rachael McGimsey, who live near the contested lot, have been fighting Sidney's access plan. They were defendants in the federal court case.

Development of the land is part of the company's plan for repayment of creditors. The tract has access from U.S. 220, but Fishwick has said it is more valuable with access from Peakwood.

Wilson said the covenant, in an old deed, provides that the property "may be used only for the construction of a single-family residence" and that restriction "prohibits construction of public access roads."

Krumm had said the covenant language was ambiguous because it contains the clause, "and no apartment house may be erected thereon." Wilson said that clause was for emphasis.

by CNB