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Landlord and Tenant: Tenant awarded almost $590,000 for damages from moldy apartment
Where the tenant lived with mold or black mold or both in the apartment from 2018, became seriously ill from mold-related maladies in March 2019 and left the apartment with his children only after the ceiling collapsed in August 2019, exposing even more black mold and ruining many of his belongings, and his health problems have persisted, he was awarded almost $590,000 in damages.
Real Property: Court orders partition by sale of real property
Where the circuit court ordered partition by sale, it did not err. Partition in kind cannot be conveniently made because the property was a residential townhouse. And the sale was in the parties’ best interest because it would resolve years of protracted litigation over the property, and both parties could recoup some of their investment.
Zoning: Rockingham County’s zoning denial decision is affirmed
Where the record is replete with reasons why a rezoning application was denied, including traffic gridlock, negative impact on water quality, lack of infrastructure or public water access and the existence of better alternative interchanges with public water, the denial decision was affirmed.
Real Property: Operator can protect gas pipeline from mining operations
Where the operator of a gas pipeline sought to perform mitigation work to prevent the pipeline from being damaged by mining activities, and the owner of the land refused to allow access, the court entered an injunction allowing the operator to access the pipeline.
Mortgages: Lawsuit over mortgage transaction is dismissed
Where most of the federal causes of action failed as a matter of law or were not ripe, and the court declined to exercise jurisdiction over any state claims that were actually ripe, the lawsuit was dismissed.
Real Property: Court resolves dispute over width of easement
Where the circuit court’s decision regarding the width of an easement was supported by historical documents and trial testimony, it was affirmed.
Real Property: Ejectment statute of limitations doesn’t apply to declaratory judgment
Where a party sought a declaratory judgment that an easement was void, the circuit court erred when it held the suit was barred by the 15-year statute of limitations for ejectment actions. The movant was not seeking to remove the other party from possessing the property.
Real Property: Trial court finds public easement across homeowners’ property
Where the record evidence supports the circuit court’s finding that a public easement exists, its decision was affirmed.
Real Property: HOA prevails in dispute with homeowners over unpaid assessments
Where homeowners claimed they didn’t have to pay annual assessments because the association’s corporate status lapsed, but the status was reinstated, the assessments were due for the period following reinstatement.
Zoning: Outdoor firing range didn’t require special permit
Where a couple were not operating a firing range on their property as a business venture, it was exempted from the County noise control ordinance.
Real Property: Lienholder loses in suit over real property proceeds
Where a lienholder argued it was entitled to surplus funds from the judicial sale of real property, its claim was barred by a 10-year limitations period in Code § 8.01-241(A).
Zoning: Man sues to stop demolition of his garage
Where a man moved to enjoin the demolition of his garage while he challenged a state court’s determination that it violated a zoning ordinance, his motion was denied. One of his claims was barred by the Rooker-Feldman doctrine while he failed to show a likelihood of success on his other three claims.
Verdicts & Settlements
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
Opinion Digests
- Criminal – Spouses convicted of construction fraud
- Landlord and tenant – Tenant’s challenge to eviction is dismissed
- Tort – Lawsuit by ‘sting’ victim against conservative organization is dismissed
- Criminal – Defendant’s request to withdraw guilty plea is denied
- Employment – Fairfax County prevails on firefighter’s employment claims
- Prisons – Multiple experts precluded in suit over inmate’s death
- Criminal – District court sufficiently explained resentencing decision
- Criminal – Wealth of evidence supports firearm possession conviction
- Criminal – District court wrongly refused to order forfeiture
- Criminal – Man convicted of killing informant
- Negligence – Jury will decide if business was negligent in slip-and-fall case
- Domestic Relations – Trial court’s clarification of QDRO was not improper
