Virginia Lawyers Weekly VA Lawyers Weekly

A suit seeking to prevent the United States from foreclosing and selling real properties that are subject to a lien for unpaid taxes was barred by the Tax Anti-Injunction Act, which prevents suits brought to restrain the assessment or collection ...

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

Where a pipeline company sought a declaration that it satisfied statutory requirements to enter appellant’s land to survey it, appellant’s counterclaim for trespass lacks merit. A trespass claim raised in his motion for summary judgment will not be addressed because ...

Tagged with: Real Estate Supreme Court of Virginia

Claims by homeowners that defendants did not follow federal regulations during foreclosure proceedings failed because the deed of trust did not make clear that the parties intended to incorporate the regulations. Background Plaintiffs allege entering into a mortgage loan contract ...

Tagged with: Contract Judge Norman K. Moon U.S. District Court - Western District

Where the express terms of an easement grants only ingress and egress to a lake, the easement does not convey riparian rights to plaintiff, and he has no right to dock a boat at a seawall on defendants’ lot. Overview ...

Tagged with: Fairfax Circuit Court Judge David Bernhard Real Estate Virginia Circuit Courts

Where a real estate contract was expected to close in 2008 but did not close until 2017, a suit brought by an entity entitled to receive certain expenses at closing was timely as it was filed within three years of ...

Tagged with: 4th U.S. Circuit Court of Appeals Contract Judge James A. Wynn Jr.

A town council could accept a conditional proffer from property owners seeking to lower a zoning district’s minimum mixed-use requirement from what is specified in the town’s zoning ordinance. Rezoning sought A group of property owners asked the Warrenton Planning ...

Tagged with: Justice Lawrence L. Koontz Jr. Real Estate Supreme Court of Virginia

Where a city closed one of two roads from which appellant landowner’s commercial property could be accessed, the trial court correctly ruled this was not a taking that entitled appellant to compensation. Background The landowner’s commercial property has frontage on ...

Tagged with: Judge Leslie L. Lilley Real Estate Supreme Court of Virginia

Where highway construction required appellant to relocate his dental practice, his suit against the highway commissioner for statutory benefits under the Virginia Relocation Assistance Act was properly dismissed. There is no private right of action under the VRAA. Overview Appellant ...

Tagged with: Real Estate Supreme Court of Virginia

Where a condominium association’s insurer waived subrogation against additional insureds, this waiver did not extend to an individual unit owner’s tenant. Facts Sailsman was an individual unit owner in the Chimney Hill Condominium Association. He leased his unit to Alba. ...

Tagged with: Insurance Judge Leslie L. Lilley Supreme Court of Virginia

A lease was not modified by a subsequent letter or estoppel certificate because neither document was signed by all parties and thus lacked mutual assent. Nor could subsequent conduct vary the unambiguous lease. Although the lease allowed the landlords to ...

Tagged with: 4th U.S. Circuit Court of Appeals Business Contract Judge James A. Wynn Jr. Real Estate