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Oyster farmers get OK for homegrown product (access required)

By Deborah Elkins
Published: October 22, 2012
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Two York County landowners can grow oysters on their waterfront residential property for commercial purposes without special use permits, a circuit court held earlier this month. But the county board of supervisors plans to appeal the rulings, according to York County Attorney James E. Barnett Jr. Improvements in oyster-farming allow oysters to mature more quickly [...]

Fishermen lose court fight for access to Va. river (access required)

By The Associated Press
Published: October 11, 2012
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RICHMOND, Va. (AP) — Two fishermen accused of trespassing in Alleghany County have been barred from wading on a contested section of the Jackson River after a judge ruled that 18th-century grants from the English crown and the commonwealth of Virginia give private landowners control of the riverbed. Alleghany County Circuit Judge Malfourd “Bo” Trumbo [...]

Court strikes ‘time-phase’ development rule (access required)

By Deborah Elkins
Published: October 4, 2012
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A circuit court has struck a “time-phasing” provision of a local law that would have allowed only one subdivision of a parcel every four years. At the rate required by the Orange County ordinance, it could take 40 years to develop a 175-acre parcel near Barboursville, and the owners said they would be hindered in [...]

AG sidesteps fray in fishermen trespass case (access required)

By Peter Vieth
Published: August 15, 2011
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Virginia Attorney General Ken Cuccinelli has refused to come to the defense of fishermen fighting a $10,000 trespassing lawsuit who say they were assured by the state they had a right to stand and cast their lines in the Jackson River. Riverside landowners took the anglers to court, claiming the landowners, and not the state, [...]

Maryland locality attempts to block Christian school – $3,250,000 Settlement (access required)

By Virginia Lawyers Weekly
Published: February 14, 2011
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Plaintiffs purchased land in Anne Arundel County, Md., in 2002 with the purpose of building a permanent home for its previously existing Christian school: Arundel Bay Christian Academy (owned and operated by Riverdale Baptist Church). They were not allowed to build because the county denied their grading permit on the basis that it violated two [...]

Failure to achieve liftoff (access required)

By Peter Vieth
Published: December 20, 2010
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Augusta, we have a problem. A group of budding rocket scientists has been grounded after losing a land use battle with neighbors and local government officials over a launch site in Augusta County. Last month a court-appointed commissioner turned thumbs down on the junior rocket scientists’ bid for continued rocket launches. But there is renewed [...]

Human corpse needed to make plot a ‘cemetery,’ court says (access required)

By Alan Cooper
Published: April 23, 2010
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When is a cemetery not a cemetery? When no human corpse is buried there, the Supreme Court of Virginia says. Kathryn Shilling saw sacred ground when she looked at a hilltop plot in Rockingham County where she buried her mother’s ashes in 1999. But her half-brother Brian Baker saw a prime piece of real estate [...]

Church, county can develop housing (access required)

By Peter Vieth
Published: April 19, 2010
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While Episcopalians squared off last week over whether judges can decide church property disputes, an Alexandria federal judge turned aside a First Amendment challenge to a government-backed project for affordable housing units that will share a 10-story building with a Baptist church. U.S. District Judge Claude M. Hilton rejected the lawsuit by Arlington County resident [...]

Supreme Court hears Episcopal church case arguments (access required)

By Alan Cooper
Published: April 13, 2010
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An attorney for the national Episcopal Church and the Episcopal Diocese of Virginia told the Supreme Court of Virginia today that the award of the property of nine breakaway congregations to those congregations violates the First Amendment of the U.S. Constitution. The congregations split from the diocese in 2006 in reaction to the appointment of [...]

Documentation for public road at issue in access to property – Defense Verdict (access required)

By Virginia Lawyers Weekly
Published: March 22, 2010
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The plaintiffs, a group of landowners, sought a declaratory judgment granting access to the landlocked property along the route of an alleged ancient public road over Short Hill Mountain outside of Leesburg. Had the plaintiffs been successful, a public road would have been declared running directly across the property of defendants. The case was dismissed [...]

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