Kay Management v. Creason
In Kay Management v. Creason, 220 Va. 820, 831-32, 263 S.E.2d 394, 401 (1980), the Supreme Court of Virginia considered whether motor vehicle laws applied to roads in an apartment complex for purposes of recovery in a personal injury action.
The Court held that "the evidence of accessibility to the public for free and unrestricted use gave rise to a prima facie presumption that the streets of the apartment complex were highways within the definition of the Virginia Code." Id. at 832, 263 S.E.2d at 402.
The Court found that the defendant was unable to rebut this presumption by merely showing that the tenants had primary access to the property. See id.
The Court found that the streets were neither used exclusively by the owners nor limited to those to whom the owner had granted permission. See id.