Free Newsletter
No actual or constructive eviction in warranty case
Where appellant argued that a defect in the title to certain property amounted to an eviction, which would permit a suit for breach of a general warranty against the seller, the trial court correctly ruled there was no actual or constructive eviction. Overview Watan purchased property from the Blankenships and received a general warranty deed. […]
City did not comply with eminent domain mandates
Where a city sought to obtain the landowners’ property by eminent domain, the landowners’ motion to dismiss is granted without prejudice. “[T]he City failed to comply with the statutory requirements relating to eminent domain.” Background After the city and the landowners could not come to terms regarding the city’s acquisition of their property, the city […]
Stale possession order bars writ of eviction
Where petitioner bank obtained an order of possession in federal court, the clerk of the Fairfax County Circuit Court correctly refused to issue a writ of eviction based on the federal court order because the order was more than 180 days old. Overview Wells Fargo Bank, the petitioner purchased real property at a foreclosure sale. […]
Sellers must comply with P&S agreements
Where landowners agreed to sell their parcels of land as part of a redevelopment project in Prince William County, but then refused to agree to certain conditions that were required by the county through the rezoning process, despite having agreed to approve those conditions in their purchase and sale agreements, they were ordered to approve […]
Damages determined in condemnation action
Where the landowner did not have any admissible evidence to prove diminution of value resulting from the taking of a portion of her property for the construction of a natural gas pipeline, the assessment by the contractor’s expert as to the amount of just compensation owed to the landowner was accepted. Background Mountain Valley Pipeline, […]
No rescission in foreclosure sale case
Where appellant claimed his home was sold at a foreclosure sale without adequate notice, the relevant statute precludes him from obtaining rescission of the sale. Further, he is not entitled to equitable rescission because he did not plead that with additional time, he would have been able to obtain financing to cure his default. The […]
No standing to challenge zoning board decision
The trial court correctly ruled that appellant lacked standing to challenge a board of zoning appeals, or BZA, decision because he did not “plead sufficient facts establishing a particularized harm resulting from the BZA’s decision.” Background “[T]he Chesapeake Bay Preservation Act (the ‘CBPA’) and corresponding zoning ordinance in Middlesex County seek to protect the natural [&hellip[...]
Easement case remanded for further proceedings
Where the trial court resolved the parties’ dispute concerning a driveway easement, some of the court’s holdings must be reversed. The case is remanded for further proceedings. The easement “Francis and Donna Cantwell owned land on Stoneview Circle in Lexington, Virginia. In 2005, they split their land into two portions — Lots 6 and 7. […]
Experts excluded in condemnation damages suit
Where two of the landowners’ experts in a condemnation damages suit provided opinions that were unreliable, and a third expert failed to provide a required report, they were excluded from the trial. Background Mountain Valley Pipeline, or MVP, is constructing an interstate natural gas pipeline. MVP commenced a condemnation action under the Natural Gas Act […]
Notation on deed did not create public easements
Ingress-egress and “turnaround” easements created by notations on a subdivision plat did not create public easements because the notations did not indicate that intention. Overview Appellants own Lot 29 in Brentwood, a residential development. Appellees own Lot 28. Both lots are improved. The lots were created by a deed of dedication, which included a subdivision […]
Chancery commissioner’s fees taxed in title dispute
Where appellant was divested of title to property in an equity action, appellant was correctly taxed $6,000 to satisfy the commissioner of chancery’s fee and expenses. Overview Appellant Elliot owned two residential lots, Lot 5 and Lot 6. When he refinanced the loan, secured by Lots 5 and 6, the property’s legal description “mistakenly” omitted […]
Damages awarded for ‘lollipopped’ trees
Where contractors that defendants hired trespassed onto plaintiffs’ property and trimmed pine tree limbs, plaintiffs are entitled to $26,800 in damages. This represents the diminished value of the real estate after the trees were removed, and the aesthetic value of the trees “as a sight and sound barrier,” along with the cost to remove the […]
Verdicts & Settlements
- Woodshop incident leads to amputation of fingers — $1.3M settlement
- Motorcyclist’s foot amputated in collision — $7M settlement
- Contractor rear-ended on interstate on way to wedding — $825,000 settlement
- Man suffers back injury in crash with out-of-state driver — $530,000 settlement
- Driver crossed center line, struck 89-year-old’s vehicle — $1.2M settlement
- Jury returns defense verdict in favor of gastroenterologist
- Teens killed in T-bone collision with officer — $3.1M settlement
- Man sustained subdural hematoma in rear-end collision —$1.15M settlement
- Adequate anesthesia not provided during C-section — $2.5M verdict
- Tenant fell ill from mold in apartment — $588,000 verdict
- Woman suffers nerve injury, pain after dental procedure — $550,000 settlement
- Driver struck child exiting school bus — $750,000 settlement
Opinion Digests
- Suit over historic mansion and estate dismissed
- Former employee’s claims survive motion to dismiss
- Equal Pay Act doesn’t apply to applicant
- Court rejects invocation of attorney-client privilege
- Evidence supported competency determination
- Appellees had power to remove business manager
- No continuance after witnesses failed to appear
- No actual or constructive eviction in warranty case
- Gas distribution pipeline exempt from ZBA regulation
- Improper venue in air pollution regulation matter
- No benefits awarded in unemployment comp case
- No immunity for judge who personally oversaw search
