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Monthly Archives: September 2008

Search & Seizure – Probation Revocation – Bad Faith (access required)

In this appeal involving an officer’s discovery of a probationer’s cocaine possession when the officer entered a boarding house in pursuit of another man, the Court of Appeals erred in holding that the exclusionary rule never applies to evidence submitted ...

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Grocer’s $16M award for fraud, distress overturned (access required)

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 ...

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Taxation – County Business Tax – ‘Processing Business’ (access required)

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 ...

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McDonnell, top deputies take a pay cut (access required)

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 ...

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Appel is honored by state treasurers group (access required)

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 ...

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Taxation – Cell Phone LLC – Minimum Tax (access required)

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 ...

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‘White House Project’ founder to address VWAA conference (access required)

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 ...

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VSB to close its office in Northern Virginia (access required)

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 ...

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Municipal – Zoning – BZA Authority – Dillon’s Rule (access required)

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’ ...

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Real Estate – Coalseam Gas Lease – Pipeline Construction (access required)

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 ...

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