Grocer’s $16M award for fraud, distress overturned
By Alan Cooper
Published: September 22, 2008
Jonathan F. Johnson, once regarded as the country’s most successful minority grocer, contended that his supplier had forced his companies out of business and broken him personally.
A Richmond Circuit Court jury agreed last year and awarded him $16 million from Minnesota-based SuperValu Inc., the third-largest grocery supplier in the country.
Earlier this month, however, the Supreme [...]
Taxation – County Business Tax – ‘Processing Business’ 
By Deborah Elkins
Published: September 22, 2008
A linen rental company that cleans its own linens is not a “processing business” under Va. Code § 58.1-3507(A), and a local tax commissioner correctly assessed the business under the standard business tangible personal property tax, not under the reduced tax rate on tools and machinery used in a processing business, according to the Virginia [...]
McDonnell, top deputies take a pay cut
By Peter Vieth
Published: September 22, 2008
The Virginia Attorney General’s office is not waiting for the budget ax to fall from Gov. Tim Kaine’s office before cutting spending. Reacting to warnings of state agency cuts, Attorney General Bob McDonnell and nine of his top deputies are taking voluntary 2-percent salary reductions.
Chief Deputy AG Bill Mims explained that the pay cuts [...]
Appel is honored by state treasurers group
By Peter Vieth
Published: September 22, 2008
Arlington County lawyer Kevin R. Appel has been honored for more than 20 years of providing legal advice to Virginia treasurers. Appel was awarded the Treasurers’ Association of Virginia 2008 President’s Award at the group’s annual conference in Williamsburg.
Appel retired in May as Chief Deputy Treasurer and Legal Counsel to the treasurer of Arlington [...]
Taxation – Cell Phone LLC – Minimum Tax
By Deborah Elkins
Published: September 22, 2008
The minimum tax imposed on telecommunications companies pursuant to Va. Code § 58.1-400.1 does not apply to appellant Virginia Cellular LLC, a noncorporate company, and the Virginia Supreme Court reverses the contrary decision imposing the tax on the LLC.
The Virginia Department of Taxation determined that Virginia Cellular LLC was subject to the minimum tax imposed [...]
‘White House Project’ founder to address VWAA conference
By Virginia Lawyers Weekly
Published: September 22, 2008
Marie Wilson, founder and president of The White House Project, will be the keynote speaker at the biennial conference of the Virginia Women Attorneys Association in Williamsburg Oct. 3 and 4.
Wilson will speak at the banquet at Kingsmill Resort & Spa on Oct. 4.
The White House project aims to advance women’s leadership in all communities [...]
VSB to close its office in Northern Virginia
By Alan Cooper
Published: September 22, 2008
The Virginia State Bar will close its Alexandria office when its lease expires in September 2009.
VSB Executive Director Karen A. Gould said the closing will save about $200,000 a year. The office has four attorneys and two support staff who prosecute lawyer disciplinary cases.
The attorneys in the office have been given an option of teleworking [...]
Municipal – Zoning – BZA Authority – Dillon’s Rule
By Deborah Elkins
Published: September 22, 2008
The Supreme Court of Virginia upholds the Fairfax Circuit Court’s decision that the county’s board of zoning appeals does not have the authority to institute litigation on its own behalf against the county board of supervisors, to challenge the supervisors’ decision to stop paying for private legal counsel to represent the BZA in matters other [...]
Real Estate – Coalseam Gas Lease – Pipeline Construction
By Deborah Elkins
Published: September 22, 2008
A lease that granted Pocahontas Gas Partnership and its successor exclusive rights in coalseam gas on the lessor’s property did not also grant to the lessee exclusive right to construct and maintain pipelines and structures to transport any gas over the lessor’s property, and the Supreme Court of Virginia reverses the trial court decision so [...]
Contract – UCC – Statute Of Frauds – Flooring Installation
By Deborah Elkins
Published: September 22, 2008
A flooring company, Michael’s Carpet World, did not have an enforceable oral contract with defendant Delta Star, for the installation of flooring in the office of defendant’s CEO, and the Virginia Supreme Court reverses the judgment for Michael’s and enters final judgment for Delta Star, based on its UCC statute of frauds defense, Va. Code [...]
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