Contract – Parking Lot Design – Economic Loss Rule
By Deborah Elkins
Published: August 25, 2008
A parking lot designer cannot use the “economic loss rule” to persuade a Fairfax Circuit Court to dismiss plaintiff recycling business’s suit alleging breach of contract/professional negligence.
Central Park Drive LLC v. Rinker Design Assocs. (Fairfax Cir. Ct.) (VLW 008-8-181) (3 pp.)
Character Evidence 
By Peter Vieth
Published: August 25, 2008
Martin F. Clark Jr. – the Patrick County Circuit judge steadily earning fame as a novelist – liberally salted his latest work with recognizable references to people and events around his home town of Stuart. As word spreads about “The Legal Limit,” his third novel, Clark frequently finds himself explaining the links [...]
Gov. Kaine taps Millette and Powell
By Alan Cooper
Published: August 25, 2008
LeRoy F. Millette Jr., Cleo E. Powell and James C. Dimitri now have three of the most prestigious and powerful judicial posts in the state.
The question is whether they’ll have them on Feb. 16.
Gov. Timothy M. Kaine elevated Millette from the Virginia Court of Appeals to the Supreme Court of Virginia after Millette had served [...]
High court endorses ‘Principles of Professionalism’
By Alan Cooper
Published: August 25, 2008
The Supreme Court of Virginia has endorsed Principles of Professionalism that their proponents believe “express the ideals of courtesy to which Virginia lawyers should aspire.”
The project was championed by former Virginia Bar Association President William R. Van Buren of Norfolk, who appointed a commission to draft them.
Thomas E. Spahn, a legal ethics authority in the [...]
Real Estate – Church Property – Episcopal Church Split – Contracts Clause
By Deborah Elkins
Published: August 25, 2008
In this dispute over property claimed by both the Episcopal Diocese of Virginia and the national church, and 11 breakaway congregations, a Fairfax Circuit Court rejects ECUSA/Diocese’s contention that Va. Code § 57-9, which governs determination of property rights on “division” of a church or religious society, violates the constitutional Contracts Clause.
Today, this court answers [...]
Real Estate – Church Property – Episcopal Church Split – Waiver
By Deborah Elkins
Published: August 25, 2008
In this dispute over property claimed by both the Episcopal Diocese of Virginia and the national church, and 11 breakaway congregations, a Fairfax Circuit Court holds that the ECUSA/Diocese may not assert at the October trial that the breakaway congregations have contracted away, waived, abandoned or relinquished their right to file a petition under Va. [...]
Real Estate – Assessment – Property Owner Petition – Tax Levy
By Deborah Elkins
Published: August 25, 2008
A New Kent County Circuit Court rejects property owners’ petition challenging the reassessment of real estate in the county under Va. Code § 58.1-3003.
Property owners filed a petition with Commonwealth’s Attorney C. Linwood Gregory under Code § 58.1-3003 that required him to appeal an “order for the imposition of taxes” to circuit court.
In addition to [...]
Administrative – In-State Tuition – Domiciliary Status – GMU
By Deborah Elkins
Published: August 25, 2008
A rising junior at George Mason University who lived in Virginia as a child, moved to Montana with her parents but continued to visit friends and family in Virginia, then “declard her independence” and returned to Virginia to attend GMU, is not entitled to in-state tuition, a Fairfax Circuit Court says in upholding the university’s [...]
Real Estate – Home Sale – Termite Damage – Fraud
By Deborah Elkins
Published: August 25, 2008
A home buyer’s suit alleging fraudulent inducement and concealment by defendant seller of extensive termite damage to the home has his suit dismissed by the Fairfax Circuit Court, with leave to amend, because the suit as filed alleges the buyers proceeded with settlement even though they had not received the termite inspection they were entitled [...]
Civil Procedure – Judicial Bias Accusation – Court’s Ruling
By Deborah Elkins
Published: August 25, 2008
A Fairfax Circuit Court declines defendant’s motion to reconsider its earlier decision in this case, based on defendant’s unfounded accusation of “blatant sexual bias.”
While unfortunately there was no court reporter present for the earlier ruling, I wrote out my ruling prior to delivering it. The actual words in my notes are:
“Here, while I have found [...]
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