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Monthly Archives: April 2008

Contract – Volunteer Fire Company – Pumper Purchase (access required)

A county’s denial of a volunteer fire company’s request to purchase a fire truck on credit, directive to return the fire truck the company ordered without approval and request to removal the company’s board of directors did not violate a ...

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Medical Malpractice – Consolidation – Reconsideration (access required)

A circuit court declines to reconsider its earlier decision denying plaintiff’s motion to consolidate his two medical malpractice actions against two different physicians. Plaintiff argues that the holding in Clark v. Kinnach, 198 Va. 737 (1957), is supportive of his ...

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Criminal – Public Drunkenness – Local Ordinance (access required)

A defendant charged with public drunkenness in violation of a local Loudoun County Ordinance, Section 654.03, cannot be convicted of public intoxication in violation of Va. Code § 18.2-388. The charged ordinance states that “No person who has arrived at ...

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Real Estate – Homeowners Association – Attorney’s Fees (access required)

A homeowner who prevailed in an action against a homeowners association governed by the Property Owners’ Association Act, Va. Code §§ 55-508 to -516.2, may be entitled to attorney’s fees under the statute and under White v. Boundary Ass’n Inc., ...

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Criminal – Stalking – Defendant’s Repeat Appearances (access required)

A defendant who was unknown to a woman but who was observed several times in the street in front of her home, pacing, hiding and rapidly departing when police were called, and who appeared on her front porch one night, ...

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Domestic Relations – Husband’s Mortgage Payments – Wife’s Cohabitation (access required)

Although the parties’ agreement stated that husband’s continued mortgage payments would be “in the nature of support” for wife and would not be dischargeable in bankruptcy, the agreement was ambiguous as to husband’s continued obligation in the face of wife’s ...

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Domestic Relations – Equitable Distribution – Hybrid Marital Home (access required)

A divorce court did not err in classifying as hybrid property the marital home, which husband had owned prior to the parties’ 1997 marriage but mortgage payments were made with marital funds, and in awarding wife $32,000 for her share ...

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Criminal – Protective Order Violation – Proof Of Notice (access required)

A wife’s misdemeanor conviction for violation of a protective order by knocking on husband’s door and sitting in her car in his driveway, after she was ordered to stay at least one-quarter mile from his home, is reversed. Wife contends ...

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Administrative – Nursing Home Beds Transfer – Standing – ‘Good Cause’ (access required)

Assuming appellant nursing homes have standing to challenge the constitutionality of “the Relocation Act,” 2005 Va. Acts ch. 99, the Court of Appeals holds that the Act cannot be judicially vacated as an unconstitutional special law. Appellants are five nursing ...

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