‘Time-Phasing’ Subdivision Law Violated Dillon Rule 
By Deborah Elkins
Published: October 4, 2012
Tags: Orange County Circuit Court, Real Estate, Virginia Circuit Courts
A local ordinance that allowed the county to require “time-phased” development of a subdivision – four lots every four years – as opposed to approval of the entire 65-lot subdivision in one plan, exceeded the county’s authority under the Virginia Code and an Orange County Circuit Court strikes the ordinance as a violation of the [...]
Court strikes ‘time-phase’ development rule
By Deborah Elkins
Published: October 4, 2012
Tags: Land Use, Orange County Circuit Court, Real Estate
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 [...]
Plaintiff’s symptoms stem from sleep apnea, defense argues – $100,000 Verdict
By Virginia Lawyers Weekly
Published: August 22, 2011
Tags: Judge William H. Shaw III, Orange County Circuit Court, Personal Injury
On July 17, 2006, the plaintiff was stopped on Route 20 at Pine State Road, waiting to make a left turn. Another vehicle was stopped behind him. The defendant was traveling at 45 mph when he rear-ended the second stopped vehicle, pushing it into the plaintiff’s car. Plaintiff drove home from the accident scene and, [...]
Murder suspect liable in civil mediation
By Alan Cooper
Published: September 27, 2010
Tags: Judge Daniel R. Bouton, Orange County Circuit Court
The suspicion that Donna Somerville poisoned her husband in their Orange County horse country home has lingered for almost nine years, despite her acquittal in a criminal trial. Earlier this month, creative lawyering helped produce an uneasy truce between Somerville and the three daughters of Hamilton Somerville Jr. from his first marriage. The daughters have [...]
Motorist alleges back injury in Orange County rear-ender – $450,000 Settlement
By Virginia Lawyers Weekly
Published: July 26, 2010
Tags: ADR, Orange County Circuit Court, Personal Injury
On Aug. 7, 2006, the 48-year-old plaintiff was stopped in a line of traffic when he was rear-ended by defendant Kenneth Rauch, who was operating his own pickup truck within the scope of his employment with defendant WIMCO. As a result of that impact, the plaintiff was forced into the rear of the van in [...]
Zoning – Special Use Permit – Wal-Mart Store – National Trust Standing
By Deborah Elkins
Published: May 11, 2010
Tags: Judge Daniel R. Bouton, Orange County Circuit Court, Virginia Circuit Courts, Zoning
Although plaintiff National Trust for Historic Preservation is appropriately concerned about the potential impact of a Wal-Mart store on the Wilderness Battlefield property, under Virginia Supreme Court precedent, the Trust’s general concern does not give it standing to challenge defendant county’s issuance of a Special Use Permit; but the Orange County Circuit Court recognizes standing [...]
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