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Opinion Digests

Zoning Board failed to follow its own rules (access required)

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 ...

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Festival immune from personal injury claim (access required)

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. ...

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Lenders enjoined from charging usurious interest (access required)

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 ...

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Deliberate indifference claim arising from overdose dismissed (access required)

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 ...

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Illegal reentry charge stands despite prior defective removal order (access required)

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 ...

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Despite faulty notice, defendant failed in attack on deportation (access required)

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 ...

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