Virginia Lawyers Weekly VA Lawyers Weekly

Where defendant has moved for a temporary injunction to bar plaintiff’s foreclosure action, the motion is denied. Defendant is not likely to succeed on the merits because the action was timely filed. Background Defendant Thoburn Limited Partnership, by a deed ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Real Estate Virginia Circuit Courts

Where the Virginia Department of Transportation seeks to condemn respondents’ property for stream mitigation in connection with a highway construction project, respondents’ demurrer based on VDOT’s alleged lack of authority to do so is denied. Background Respondents in these consolidated ...

Tagged with: Buchanan County Circuit Court Judge Patrick R. Johnson Real Estate Virginia Circuit Courts

Where the Virginia Department of Transportation seeks to condemn respondents’ property for wetlands mitigation in connection with a highway construction project, the court has subject matter jurisdiction over the case. VDOT is proceeding under its eminent domain power. Overview A ...

Tagged with: Buchanan County Circuit Court Judge Patrick R. Johnson Real Estate Virginia Circuit Courts

Plaintiff may file his inverse condemnation claim in circuit court without first presenting it to the Fairfax County Board of Supervisors. Code § 15.2-1248 does not make presentation to the county supervisors a requisite before filing in circuit court. Moreover, ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Real Estate Virginia Circuit Courts

Where a homeowner alleged the defendants failed to comply with a face-to-face meeting requirement in regulations of the Department of Housing and Urban Development incorporated into her deed of trust, her claim required only an interpretation of the deed of ...

Tagged with: Contract Judge M. Hannah Lauck U.S. District Court - Eastern District

Where defendants have demurred to plaintiffs’ claims arising from the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, the demurrers are overruled in part. Overview In 1887, landowners granted a ...

Tagged with: Judge W. Reilly Marchant Real Estate Richmond City Circuit Court Virginia Circuit Courts

Where defendant restaurant breached its lease by failing to pay rent and going out of business, a liquidated damages clause in the lease is not unconscionable and will be enforced. Plaintiff landlord is entitled to $514,919 in damages from the ...

Tagged with: Contract Fairfax County Circuit Court Judge Daniel E. Ortiz Virginia Circuit Courts

Where appellant sought a partition of a home she and her siblings inherited, the trial court correctly ruled that she could not obtain an attorney’s fee under the partition statute from her unrepresented siblings. Background In 2012, despite their deceased ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

Where plaintiffs, who own property near a statue of Robert E. Lee on Monument Avenue in the city of Richmond, seek an injunction to bar the governor’s decision to remove the statue, a temporary injunction is issued. Plaintiffs have established ...

Tagged with: Judge W. Reilly Marchant Real Estate Richmond City Circuit Court Virginia Circuit Courts

Where plaintiff seeks to permanently enjoin the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, a permanent injunction will not issue, and the temporary injunction blocking the removal is dissolved ...

Tagged with: Judge W. Reilly Marchant Real Estate Richmond City Circuit Court Virginia Circuit Courts