Lis Pendens Was Not Slander of Title

Drainage Problem Spawns Easement Claim

By Deborah Elkins
Published: August 10, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Tort, Virginia Circuit Courts

In this dispute between neighbors whose adjoining townhouse properties share a common wall, the neighbor who alleges damage to her property from improper drainage after construction of a patio retaining wall can sue for implied easement by necessity, but the Fairfax Circuit Court dismisses her complaint for nuisance. Plaintiff contends the wall at issue is [...]

No Pay for Expert on Interrogation

By Deborah Elkins
Published: August 10, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

At defendant’s trial for sexually assaulting his two stepdaughters, a Fairfax Circuit Court denies defendant’s motion for funds to pay an expert to testify about psychological pressures that can be placed on a suspect during interrogation. Defendant’s motion requires the court to determine whether an expert witness is allowed to opine on the voluntariness and [...]

‘Show Me the Note’ Claim Fails Again

By Deborah Elkins
Published: June 7, 2012
Tags: Creditor's Rights, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court rejects plaintiff defaulting borrowers’ “show me the note” challenge to foreclosure on their property, and says they may not amend their declaratory judgment and breach of fiduciary claims yet again. In this “show me the note” case, plaintiffs Gary and Michele Buzbee have sued for declaratory judgment to prevent foreclosure on [...]

Discovery Ordered for Wrongful Death Damages

By Deborah Elkins
Published: May 25, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Negligence, Virginia Circuit Courts

A Fairfax Circuit Court says defendants are entitled to discover the factual basis for plaintiff’s claim of lost income and the documentary evidence to support it, in this wrongful death suit. Plaintiff alleges defendant convenience store owners were negligent in failing to notify police when an assailant who abducted a woman from a mall parking [...]

Improper Service in ‘Reopen Case’

By Deborah Elkins
Published: May 25, 2012
Tags: Domestic Relations, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

In this domestic relations “reopen case” in which father seeks to reduce support and complains he has been denied visitation, the Fairfax Circuit Court grants mother’s motion for reconsideration of an earlier support modification, as mother did not receive proper notice, and dismisses father’s Rule to Show Cause regarding mother’s alleged denial of visitation. Essentially, [...]

No Prejudice from Delayed Disclosure

By Deborah Elkins
Published: April 2, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court refuses to dismiss drug charges against defendant based on the commonwealth’s post-trial disclosure of evidence related to a “missing seal,” as the evidence was inculpatory and the late disclosure did not prejudice defendant. In his motion, defendant alleges the prosecution provided no evidence of cell phones in discovery; provided no evidence [...]

Rezoning Challenger Gets Hearing

By Deborah Elkins
Published: April 2, 2012
Tags: Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts, Zoning

Plaintiff office park owner’s allegations that the board of supervisors did not adequately consider traffic impact when it rezoned an adjacent parcel from single-family homes to a planned development community have earned plaintiff an evidentiary hearing on whether the rezoning was arbitrary and capricious, says a Fairfax Circuit Court. The primary issue at bar is [...]

No Non-Party Subpoena to Agency

By Deborah Elkins
Published: March 28, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

An adult defendant charged with burglary and grand larceny cannot subpoena from the local social services department confidential records about defendant or his minor siblings, involving alleged abuse or neglect or defendant’s responsibility to care for his siblings due to parental neglect, in order to mitigate his punishment; and the Fairfax Circuit Court grants the [...]

Motion to Supplement Record Untimely

By Deborah Elkins
Published: February 24, 2012
Tags: Criminal, Fairfax County Circuit Court, Judge Jonathan C. Thacher, Virginia Circuit Courts

A Fairfax Circuit Court denies defendant’s motion to supplement the record with audio recordings and require a court reporting firm or the circuit court to make copies of certain relevant audio recordings in these proceedings, as the court lacks jurisdictional power to do so. This court does not read Rule 5:12 as modifying or superseding [...]