Quantcast
Home / 2007 / April (page 4)

Monthly Archives: April 2007

Real Estate – Landlord/Tenant Act – Tenant's Injury – No Private Action (access required)

The Virginia Residential Landlord and Tenant Act does not plainly manifest an intention by the legislature to abrogate the common law rule that a landlord is not liable in tort for a tenant’s personal injuries caused by the landlord’s failure ...

Read More »

Tort – Malicious Prosecution – Robbery Suspect (access required)

A plaintiff suing for malicious prosecution after his arrest for robbing a taxi driver did not prove a lack of probable cause for defendant detective’s initiation of prosecution, based on plaintiff’s strong physical resemblance to the driver’s description of the ...

Read More »

Tort – Workplace Assault – Remittitur (access required)

In this assault and battery case arising out of a workplace altercation, the trial court erred in remitting the jury award to a man who was pushed down onto a sidewalk by a coworker, and the Supreme Court reinstates the ...

Read More »

Zoning – Coal- Fueled Power Plant – Zoning Ordinance Amendment (access required)

A 2004 amendment to the City of Alexandria’s Zoning Ordinance violated Va. Code Sect. 15.2-2307 because it impaired a power plant owner’s established vested right o operate a coal-fueled power plant in the city. The City of Alexandria asks us ...

Read More »

Zoning – Resubdivision Application – 'McMansion' Construction (access required)

Although neighbors protested a property owner’s application for a resubdivision of an 18,801-square-foot lot into two lots because they feared construction of outsize “McMansions” in their Alexandria neighborhood, the trial court erred in upholding the planning commission’s denial of the ...

Read More »

Appeals court rejects attack on drunken-driving laws (access required)

The debate over whether Virginia’s drunken-driving laws create unconstitutional legal presumptions appears to be over. McLean lawyer Corinne J. Magee raised the issue by citing Francis v. Franklin, 471 U.S. 307 (1985) to Fairfax General District Judge Ian M. O’Flaherty ...

Read More »

B'ball coach apologizes, assault charges are dropped (access required)

FARMVILLE—A college basketball coach who faced misdemeanor assault and cursing charges following a tirade against a restaurant employee for making the wrong kind of sandwiches had the charges dropped on Tuesday after he made a simple apology. “I want to ...

Read More »

Former Gov. Gilmore starts longshot White House bid (access required)

Former Gov. Jim Gilmore officially started his longshot 2008 White House bid in Iowa last week with a live Webcast speech. Gilmore headed the Republican National Commit-tee in 2001 formed a presidential ex-ploratory committee earlier this year, but had raised ...

Read More »

ASL grad takes issue with idea that students should be armed (access required)

BLACKSBURG—North Carolina lawyer Ted Besen bristles when politicians suggest that armed classmates could have stopped Virginia Tech gunman Seung-Hui Cho. Five years ago, while a student at the Appalachian School of Law in Southwest Virginia, he tackled and subdued a ...

Read More »