Contract – School Construction – Adjustment Claim 
By Deborah Elkins
Published: May 5, 2008
A contractor’s current counterclaim against a school board for denial of an equitable adjustment to a contract for a middle school renovation is dismissed by the Alexandria Circuit Court, because the contractor is barred from now pursuing claims that it could have pursued in its 2004 claim, which the school board denied in a 2005 [...]
Environmental – Effluent Discharge – Chincoteague Channel – Remand
By Deborah Elkins
Published: May 5, 2008
A motel owner’s attempt to obtain a permit to use subaqueous bottomlands (beyond the mean low-tide water line) to discharge treated effluent into Chincoteague Channel has its case remanded from the Accomack County Circuit Court to the Virginia Marine Resources Commission for further fact finding on the difference in impact for effluent discharge at [...]
Search & Seizure – Warrantless Arrest – Heroin Possession – Informant Tip
By Deborah Elkins
Published: May 5, 2008
A confidential informant who had worked with police for two years, providing information that led to the arrest of more than 50 people, provided a reliable tip that defendant would be traveling to a particular location to deliver drugs, and the Virginia Court of Appeals says the trial court did not err in denying defendant’s [...]
Domestic Relations – Personal Property Split – PSA Compliance
By Deborah Elkins
Published: May 5, 2008
Where a couple’s property settlement agreement called for husband to give to wife a piano purchased during the marriage for $2,800, but husband said he sold the piano for $800 prior to signing the PSA ordering return of the piano, the Virginia Court of Appeals agrees husband must pay wife $4,200, the cost to replace [...]
Traffic Offenses – DUI – Certificate Of Analysis – Harmless Error
By Deborah Elkins
Published: May 5, 2008
Assuming the trial court erred in admitting a certificate of defendant’s blood analysis because defendant was not under arrest at the time his blood was drawn, any error was harmless and the Virginia Court of Appeals affirms defendant’s conviction of DUI, fourth offense.
The trooper who encountered defendant out of his vehicle after a one-car accident [...]
Domestic Relations – Child Support Arrearage – Contempt
By Deborah Elkins
Published: May 5, 2008
The Virginia Court of Appeals refuses to overturn a trial court order holding a father in contempt because appellant father failed to timely file a transcript or written statement of facts, as required by Rule 5A:8,on the hearing that led to the contempt citation.
An additional claim raised, by the father, that the trial court lacked [...]
Administrative – Child Sexual Abuse – Protective Order
By Deborah Elkins
Published: May 5, 2008
In this case in which mother accused father of sexuallly abusing the parties’ daughter, although the parties stipulated to the JDR court’s nonspecific finding of abuse, the trial court was required to hear evidence and make findings on the issue of which parent or parents committed the abuse and what type of abuse was involved [...]
Criminal – Defense Lawyer – Summary Contempt – Fraudulent Document
By Deborah Elkins
Published: May 5, 2008
The Virginia Court of Appeals reverses a trial judge’s summary contempt adjudications of two lawyers and a law student, for offering into evidence a document purporting to show Internet chat-room rules in effect at the time their client had online conversations with an undercover police officer posing as a 12-year-old girl.
On appeal, the commonwealth first [...]
Employment – County Employee – Post-Termination Resolution
By Deborah Elkins
Published: May 5, 2008
A U.S. District Judge in Abingdon holds that members of the Tazewell County Board of Supervisors did not violate the civil rights of the county’s former environmental control director when, after the director’s termination, the board passed a resolution requesting an investigation into improper spending at the county landfill, which plaintiff had supervised.
In October 2004, [...]
Civil Rights – Schools – Disabled Student – ADA – Exhaustion
By Deborah Elkins
Published: May 5, 2008
Although a disabled male high school student who was suspended after an encounter with a female student did not sue under the Individuals with Disabilities Act, but under the Americans with Disabilities Act and Title V of the Rehabilitation Act, the plaintiff student nevertheless had to exhaust administrative remedies under the IDEA, a U.S. District [...]
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