Real Estate – Church Property – Episcopal Church Split – Motion To Intervene 
By Deborah Elkins
Published: August 18, 2008
In a July 17, 2008, decision the Fairfax Circuit Court grants the Commonwealth of Virginia’s motion to intervene for the limited purpose of defending the constitutionality of Va. Code § 57-9(A), which the court has held applies to this dispute over church property between the Episcopal Diocese of Virginia and the national church, and 11 [...]
Zoning – Junk Yard Clearance – Consent Decree
By Deborah Elkins
Published: August 18, 2008
Property owners who entered into a 2007 consent decree with the Fairfax County Zoning Administrator to clear their property of “junk yard” debris within 60 days or be subject to a $100-a-day fine for noncompliance, and who received several extensions on the time for compliance, are sanctioned $3,500 for their delay in compliance by the [...]
Domestic Relations – Support Change – Mortgage Banker
By Deborah Elkins
Published: August 18, 2008
Although husband claims a recent decline in the mortgage and housing industry has negatively affected his income, imputed to be $340,000 at the time of the parties’ 2002 divorce decree, husband owns a number of properties and the Fairfax Circuit Court on reconsideration again declines to modify husband’s monthly child support obligation of $3,962 for [...]
Commercial – Car Dealership – Franchisor Relations – Vehicle Allocation – Damages
By Deborah Elkins
Published: August 18, 2008
Although plaintiff, a Springfield Toyota dealership, won a default judgment against defendant, who allegedly caused problems between the dealership and Toyota by telling Toyota the dealership’s lease with a family partnership was invalid and threatening to sell the land to a competitor of Toyota, a Fairfax Circuit Court holds that plaintiff dealership has failed to [...]
Domestic Relations – Equitable Distribution – Military Wife – Negative Non-monetary Contribution
By Deborah Elkins
Published: August 18, 2008
A military wife whose conduct “interfered with her husband’s career and delayed his advancement to command” made a “negative non-monetary contribution” to the parties’ marriage, a Fairfax Circuit Court says, but given the parties’ conflicting claims of adultery and each side’s request for an equal split, the court divides the property and makes no monetary [...]
Domestic Relations – Termination Of Parental Rights – Poverty Discrimination
By Deborah Elkins
Published: August 18, 2008
The Court of Appeals upholds termination of defendant’s parental rights to three of his children, despite father’s claim that he was being unfairly penalized because of his poverty in violation of his constitutional rights; nothing in the record shows that the father, a convicted felon, ever made any attempt to provide for any of the [...]
Domestic Relations – Termination Of Parental Rights – Student Intern Signature
By Deborah Elkins
Published: August 18, 2008
A mother cannot overturn the termination of her parental rights on the ground that the petition for termination filed by social services was signed by a student intern rather than asocial worker, and the Court of Appeals affirms the termination order.
Clayton v. Alexandria Dep’t of Human Servs. (Kelsey, J.) No. 2819-07-4, July 22, 2008; Alexandria [...]
Domestic Relations – Termination Of Parental Rights – Due Process
By Deborah Elkins
Published: August 18, 2008
The Court of Appeals upholds termination of a father’s parental rights to his son under Va. Code § 16.1-283(B), as he only challenged the evidence to support termination under Code § 16.1-283(C)(2).
Carr v. Pulaski County Dep’t of Social Servs. (Per Curiam) No. 0153-08-3, July 22, 2008; Pulaski County Cir.Ct. (Gibb) Michael J. Sobey for appellant; [...]
Workers’ Comp – Termination For Cause – Procedural Default
By Deborah Elkins
Published: August 18, 2008
A school board has defaulted its arguments on appeal that claimant school board employee was terminated for cause, and the Court of Appeals affirms a decision of the Workers’ Compensation Commission awarding benefits to claimant.
City of Norfolk School Board v. Mitchell (Millette, J.) No. 0253-08-1, July 22, 2008; Workers’ Comp. Comm’n; Joan E. Mahoney, Dep. [...]
Search & Seizure – Delayed Investigative Detention – Rule 5A:18
By Deborah Elkins
Published: August 18, 2008
A defendant’s conviction for possession of a controlled drug is affirmed by the Court of Appeals; although defendant contends on appeal that the delayed investigative detention by police violated his Fourth Amendment rights, in the trial court, he only objected to the search on the basis that the initial detention was illegal.
Any violation of defendant’s [...]
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