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Author Archives: Deborah Elkins

Zoning – Occupancy Certificate – Extra Requirements (access required)

Since the owners’ property is zoned CM-Limited Industrial to allow retail storage and distribution of petroleum, the board of zoning appeals must issue an occupancy permit for this use; the Fairfax Circuit Court holds that the BZA cannot require the ...

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Criminal – Sex Offender Registration – Same-Day Convictions (access required)

A Hanover Circuit Court says a defendant’s nine separate and simultaneous convictions for unlawful filming, videotaping or photographing of another in violation of Va. Code § 18.2-386.1 mean he must register as a sex offender. Defendant claims he has not ...

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Contract – Construction – Third-Party Beneficiary Disclaimer (access required)

The property insurer for a retirement home project that burned to the ground has no third-party claim against the home’s property manager based on the contract between the retirement home and the general contractor at the project, a contract to ...

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Civil Procedure – Declaratory Action – Matured Claim (access required)

In this controversy over termination of a contract to sell a house, the seller already has terminated the contract and filed a complaint with the Virginia Department of Professional and Occupational Regulation, and as the conflict between the parties has ...

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Real Estate – Attorney Sanctions – Defamation Action (access required)

A Fairfax Circuit Court awards sanctions under Va. Code § 8.01-271.1 against a real estate agent who claimed damages, based on a projected commission on her sale to her pocket buyer, plus an additional 6 percent commission on a $2.1 ...

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Criminal – Mob Murder – One-On-One Fight (access required)

Although defendant contends he intended to fight one particular victim when he was part of a group, witness testimony indicates that general fighting broke out and there was sufficient evidence that defendant was part of a “mob” under Va. Code ...

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Domestic Relations – Visitation Change – Children’s Solo Flights (access required)

Where the parties’ daughters, ages 13 and 10, both suffer from migraine headaches and the younger daughter takes medication for juvenile epilepsy, a Loudoun County Circuit Court says father must pay for the mother or another adult to accompany the ...

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Contract – Mechanic’s Lien – Joinder – ‘Necessary Party’ (access required)

A Loudoun County Circuit Court reconsiders its earlier decision to dismiss this mechanic’s lien action because of plaintiff subcontractor’s failure to join other lien claimants, and the court puts the case back on the docket to consider whether the other ...

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