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Opinion Digests

Schools – Virginia Funding System – Constitutional (access required)

Although plaintiff public school students have alleged that Virginia’s current system of funding its public schools violates their constitutional rights because children attending public schools in poorer divisions do not have educational opportunities substantially equal to the opportunities of children ...

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Wills & Trusts – Inter Vivos Trust – Trustee Fees (access required)

Where decedent prepared a “trust letter agreement” naming his niece and her husband as trustees and allowing them to manage assets in what decedent intended to be a “stand-by trust” in the event of his incapacity, but the decedent never ...

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Criminal – Habeas Corpus – Consecutive Sentences (access required)

The trial court erred in imposing sentences on two of petitioner’s criminal convictions to run consecutively, rather than concurrently, and petitioner’s original petition for a writ of habeas corpus is granted. The trial court’s first order, upon petitioner’s grand larceny ...

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Contract – Property – Sale Of Building Lots – Impossibility Of Performance – Area Sewer Capacity – Rule Against Perpetuities (access required)

Although the contract for the sale, over three-and-one-half years, of 382 building lots, was conditioned upon purchaser receiving certification from the county of the availability of sewer facilities, but purchaser could waive that contingency, and where the parties learned after ...

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Workers' Comp – Injury By Accident – Collateral Ligament Rupture (access required)

Where the police officer developed an “ulnar collateral ligament rupture” in the course of training exercises with a new firearm, and the repetitive motion of the thumb during the three-day training caused pain and swelling and eventually required surgery and ...

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Domestic Relations (309046) (access required)

Accounting For Rent There is no merit to appellant’s claim that the trial judge erred in bifurcating the settlement of the allotment from the accounting for rent required by this court’s earlier opinion in this case, 15 Va. App. 379 ...

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Workers' Comp – Overpayment For Mileage – Fraudulent Misrepresentation – Employer's Remedy (access required)

Where the injured employee has obtained an overpayment of benefits by fraudulently misrepresenting medical mileage, Va. Code § 65.2-718 empowers the commission to grant relief to the employer; however, because Va. Code § 65.2-712 is not applicable to compensation claims ...

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