Virginia Lawyers Weekly VA Lawyers Weekly

Where the Board of Zoning Appeals granted reconsideration of its original decision beyond the seven-day deadline set by its by-laws, its subsequent decision was void. Background The Board of Zoning Appeals heard the landowners’ application on June 28, 2017, and ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Virginia Circuit Courts Zoning

Although the statute allowed a special commissioner to receive a commission on each parcel of real property sold, the court exercised its discretion to award a reduced amount it found appropriate as most of the properties were sold in a ...

Tagged with: Commercial Hon. David Lannetti Norfolk Circuit Court Virginia Circuit Courts

Because a Virginia statute immunizes a landowner if property is occupied for “recreational use” and the plaintiff benefitted from the charitable purpose of promoting the City of Suffolk, the court found the Suffolk Peanut Festival immune from plaintiff’s injury claim. ...

Tagged with: Judge Lawson Wayne Farmer Negligence Suffolk Circuit Court Virginia Circuit Courts

The court entered an order enjoining lenders, who deceived Virginia consumers through an illegal “pension sale” lending scheme and charged in excess of 12 percent interest in violation of the Virginia Consumer Protection Act, from collecting usurious interest and from further ...

Tagged with: Consumer Protection Hampton Circuit Court Judge Bonnie L. Jones Virginia Circuit Courts

A holding company for a Madison County winery that defaulted on a commercial loan, and whose collateral was seized by the bank, could not assert the bank breached a contract because the company’s interpretation was contrary to the reasonable meaning ...

Tagged with: Contract Justice D. Arthur Kelsey Supreme Court of Virginia

Where two parties modified their own real estate contract, allegedly to the detriment of a non-party, the lower court erred by ruling in favor of the non-party on its tortious interference claim because parties cannot tortiously interfere with their own ...

Tagged with: Justice Elizabeth A. McClanahan Supreme Court of Virginia Tort

The allegations did not support the conclusion the inmate’s need for medical attention was sufficiently obvious or that the defendants actually knew of and disregarded an excessive risk of serious harm. Background On July 25, 2016, a sheriff’s deputy found ...

Tagged with: Civil Rights Judge Glen E. Conrad U.S. District Court - Western District

Because the defendant had notice of the charges against him; received notice of the date, time and place of his removal hearing; attended that hearing, where he had a fair opportunity to be heard by the immigration judge; and offered ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

Despite the deficiencies in the initial notice to appear, the defendant appeared at the deportation hearing, did not argue he was denied an opportunity to be heard and did not offer a substantive argument that there was a reasonable probability ...

Tagged with: Criminal Judge Norman K. Moon U.S. District Court - Western District

In granting the government’s motion to dismiss without prejudice an indictment for fraud against managers of a health care company, the court found defendants conflated prejudice arising from the investigation and indictment with prejudice arising from a delay in trial. ...

Tagged with: Criminal Judge Michael F. Urbanski U.S. District Court - Western District