Criminal – Disorderly Conduct – Local Ordinance – City Council Meeting 
By Deborah Elkins
Published: January 26, 2009
The Supreme Court of Virginia affirms the disorderly conduct conviction under Roanoke City Code Sec. 21-9 of a man who disrupted a city council meeting by refusing to leave after yelling from the back row that another speaker who had called the mayor a liar should be permitted to address the emotional issue of whether [...]
Contract – Continuing Care – Damages
By Deborah Elkins
Published: January 26, 2009
A continuing care facility for retired military personnel cannot be liable for damages for rescission of the contract for full reimbursement to a retired military couple, based on their claim of damages from a faulty roof that leaked over a three-year period; the Virginia Supreme Court reverses the $279,000 judgment on a jury verdict for [...]
Tort – Tortious Interference – Intent – Consultant – Insurance Claim
By Deborah Elkins
Published: January 26, 2009
A law firm that allegedly, during its representation of an insurance carrier, disclosed information to a party to a contract with the insurance claimant, that purportedly caused the party to break that contract which eliminated the insurance claim, cannot be liable for tortious interference with contract to a third party that had a separate contract [...]
Tort – Defamation – Job Evaluation – Fact/Opinion
By Deborah Elkins
Published: January 26, 2009
An executive can try her claim that her employer defamed her in statements in a job evaluation that her role in a contract loss “created significant gaps … in her business unit financial performance,” and that her team was “significantly off plan on all other financial targets,” and the Supreme Court of Virginia reverses summary [...]
Search & Seizure – Drug Dog Alert – Probable Cause – Standards
By Deborah Elkins
Published: January 26, 2009
In a case of first impression, the Supreme Court of Virginia says a trial court did not err in admitting evidence of a drug dog’s alert as establishing probable cause based on evidence of the dog’s training and experience, even though the police department did not conduct “back checks” to quantify the dog’s number of [...]
Zoning – Airport Safety Zone – Avigation Easement
By Deborah Elkins
Published: January 26, 2009
In a case of first impression, the Supreme Court of Virginia holds that an avigation easement on property already subject to preexisting restrictions on development imposed by an airport safety overlay zone in a local zoning ordinance, constitutes a taking only to the extent that it created a right in the Virginia Highlands Airport Authority [...]
Contract – Government – Public Procurement Act
By Deborah Elkins
Published: January 26, 2009
A contractor seeking payment of his costs for replacement of a concrete floor in his contract to build a fire station filed his appeal within the six-month period under the Virginia Public Procurement Act, but a circuit court did not err in dismissing the appeal because the contractor did not comply with Va. Code Sec. [...]
Criminal – Cocaine – Constructive Possession – Prior Felony – JDR Record
By Deborah Elkins
Published: January 26, 2009
Although two men were in the car in which police discovered cocaine packaged for distribution, there was sufficient evidence to convict the passenger of possession, the Supreme Court of Virginia says; but the high court reverses defendant’s felon-in-possession firearm because the Hampton JDR records introduced by the commonwealth did not establish a prior felony conviction.
The [...]
Zoning – Condo Construction – Rezoning Application
By Deborah Elkins
Published: January 26, 2009
A Northampton County zoning ordinance unconditionally prohibited new construction of apartment buildings in its CD-R1 district, and a developer’s proposed construction was the prohibited kind, as the county board of zoning appeals ruled, so the county’s reversal of the BZA is reversed by the Virginia Supreme Court.
The county board of supervisors approved the developer’s application [...]
Brain injury develops during operation to remove cyst – Defense Verdict
By Virginia Lawyers Weekly
Published: January 26, 2009
Plaintiff, the administrator of his sister’s estate, alleged that the defendant anesthesiologist and defendant certified registered nurse anesthetist (“CRNA”) were negligent in their administration of anesthesia to the decedent during a procedure to remove a benign chest wall cyst.
Plaintiff alleged that as a result of the defendants’ negligence, decedent suffered an anoxic brain injury [...]
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