Virginia Lawyers Weekly VA Lawyers Weekly

Where the Fairfax “grass ordinance” restricts growth in excess of 12 inches on residential lots under one-half acre in size, the county must demonstrate that its application of the restriction on the basis of lot size is an appropriate exercise ...

Where a Virginia statute, Va. Code § 8.01-380, allows a defendant to nonsuit a counterclaim, the court will grant the defendant/counterclaimant’s motion to nonsuit; however, because the same statute envisions an award of sanctions only in the case of a ...

Although the statutory child support guidelines would put father’s monthly responsibility for the parties’ children at $1,509, the court will deviate to an award of $1,360 per month, based on extraordinary medical expenses and availability of health insurance. The court ...

Where the trial court earlier indicated during equitable distribution proceedings that husband would be “given credit” for the bridal rings, but wife entered into a retainer agreement with her lawyer in which she conveyed her interest in the rings to ...

Where, during the restructuring of the RF&P railroad, a special committee of the railroad issued a press release recommending to the railroad’s board a revised three-way transaction also involving the CSX railroad and the Virginia Retirement System, this press release ...

Where the debtor-seller of certain machines returned to a buyer corporation that corporation’s down payment on a contract for the purchase of machines, the district court did not err in concluding that the debtor had a property interest in the ...

Where the developer sued a failed financial institution and others to enforce completion of certain amenities in a South Carolina real estate development, the district court properly dismissed the suit on the ground that the Financial Institutions Reform, Recovery and ...

Although petitioner contends that his trial counsel failed to follow through in procuring an expert to rebut the commonwealth’s evidence of defendant’s criminal identity based on DNA analysis, trial counsel’s performance was not constitutionally deficient. Petitioner’s trial attorneys filed an ...

Where the district court, in sentencing defendant on 12 counts of mailing threatening communications to a woman he was stalking, enhanced the sentence for both selection of a “vulnerable victim,” and for “extreme psychological injury,” this amounted to double-counting the ...

Where a Northern Virginia bookseller who sold sexually explicit materials received a letter from the U.S. Attorney advising her that if she continued to sell material in violation of the federal obscenity laws after June 1, 1992, she “should expect ...