VIRGINIA BEACH, Va. (WAVY) — A Bay Colony property, legally called a non-conforming lot, is much smaller than the lots around it, and that has led to controversy over whether it can be developed, and Monday it played out in a Virginia Beach courtroom.

Josh and Carrie Kinas want to build a house on an undeveloped lot on York Lane that's basically the third of what the lot size should be, and sought, through their attorneys, to have the case dismissed. However, the judge denied the motion, claiming Dawn Hrelic's side effectively argued she has taken care of the property since February 2022, when she bought her house.

“It was legally technical that the other side was raising with our pleadings, but the judge found that our possession claims were sufficient from a legal perspective to procee

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