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HOA not necessary party in title insurance dispute
Where a title insurer was sued because of a dispute over who holds title to certain real estate, the homeowners’ association who currently owns the property was not a necessary party. The dispute could be resolved based on the various insurance documents and title binders before the court. Background This is a breach of contract […]
All elements of adverse possession claim established
In this adverse possession case, appellees’ exclusive 15-year possession of a disputed area was unaffected when they granted appellant, the adjoining landowner, permission to install a drainage pipe in the area. Overview In 1996, Tarek and Kye Abboushi, the appellees in this case, bought property adjacent to land (the Veldhuis property) owned by Joe Carroll. […]
Intervention denied in adverse possession case
Where a county sought to claim by adverse possession a 25-foot circle of land containing a Confederate memorial statue, the trial court correctly denied appellee’s motion to intervene in the county’s adverse possession suit. Appellee did not assert any right involved in the county’s suit. Background “By deed of June 19, 1900, the County’s Board […]
Parking space dispute correctly resolved
Where appellant condominium association reallocated parking spaces, the trial court correctly concluded that appellant breached its contract with appellee and violated Virginia’s Condominium Act and a county zoning law. Statement of the case “Following a bench trial in the Fairfax County Circuit Court (trial court), Telegraph Square II Condominium Owners Association (‘appellant’ or the ‘[...]
Lenders defeat claim over foreclosed house
Where the former owner of a house that was sold at foreclosure alleged that the property had an assessed value of $482,800, but was sold for only $87,114, but the record showed there was an unpaid federal tax lien and the homeowner presented no evidence showing the sales price was inadequate, the defendants were granted […]
Public welfare includes character of neighborhood
Where county supervisors denied appellant’s special exemption request to rent bedrooms in his house after determining the proposed use would harm the public welfare, the determination correctly included consideration of the neighborhood’s character. Background Appellant Harris bought a house on a two-acre parcel, improved it and sought to rent individual bedrooms. The zoning code allowed [&hel[...]
Alternate holding not appealed in mortgage case
Where the trial court issued two different rationales when dismissing appellant’s mortgage and foreclosure dispute with a bank, “appellant’s ‘failure to address one of the holdings results in a waiver of any claim of error with respect to the court’s decision on that issue.’” Overview Appellant Mueller alleges that in 2007, when she refinanced her […]
Prescriptive easement to dock boat recognized
Where appellants docked a boat along appellees’ retaining wall for more than 20 years, they have established a prescriptive easement to dock the boat. The circuit court erred by concluding that after a former owner sold the land, his permission to dock the boat survived the sale. The court correctly concluded that appellants did not […]
Condo association’s lot inspection fee invalid
Where a statute provides fees and charges must be authorized expressly by statute or a condo association’s “declaration,” appellee condo association’s annual lot inspection fee is invalid because the fee is not authorized by the declaration and does not relate to common area use. Overview “Karey Burkholder and Douglas Thompson Jr., the appellants in this […]
Plaintiff not entitled to portion of termination fee
Where plaintiff claims entitlement to a portion of a $3.7 million termination fee that defendant lessor received from the lessee for the lessee’s early termination of a lease, defendant is granted summary judgment because the lease does not provide for such distribution. Overview Defendant is the successor lessor of a building. Ace American Insurance is […]
Homeowners have standing to pursue rezoning claims
The circuit court incorrectly ruled that appellant homeowners lacked standing to pursue claims arising from a rezoning granted by a county board of supervisors to a supermarket chain so that it could build a warehouse and distribution center near appellant’s homes. This ruling is reversed, as is a ruling that several of the claims were […]
Mold in rental house claim goes forward
Where plaintiff claims defendant landlord did not remediate mold in her rental house from a leaky air conditioner that caused health problems for her and her children, recent Virginia Supreme Court precedent requires that defendant’s demurrers to the claims are overruled. On point precedent “It is not often that a case brought before this court […]
Verdicts & Settlements
- Jury reaches defense verdict in $4M med mal action
- Dental hygienist tripped, fractured right wrist, foot — $190,000 settlement
- Couple contracted Hepatitis A after dining at restaurant — $5.5M settlement
- Elderly man suffers hip fracture after attack by neighbor’s dog — $350,000 settlement
- Motorcyclist injured when vehicle abruptly changed lanes — $300,000 verdict
- Passenger ejected from car in high-speed chase crash — $685,000 settlement
- Defense verdict reached in fraud suit
- 8-year-old killed in crash involving tractor-trailer — $1,100,000 settlement
- Plaintiff conceived child after vasectomy — $250,000 settlement
- Delay in diagnosis of ectopic pregnancy led to surgery — $283,432.18 settlement
- Golfer stepped in sinkhole, fractured ankle — $442,000 verdict
- Jury sides with woman injured in rear-end collision — $300,000 verdict
viewpoint
- The promise and peril of artificial intelligence in patent law
- Keys to becoming an unfrazzled lawyer
- Confused about federal COVID-19 emergencies ending? You’re not alone
- Generative AI in law: New survey of lawyer perspectives and plans
- Four misconceptions about appeals
- Font choice exposes fabricated document
- USPTO launches first-time filer expedited exam pilot program
- In times of crisis, the ‘tug of war’ is over
- The ever-evolving Fourth Circuit
- Federal protections for pregnant, nursing employees coming
- It’s time for employers to embrace the ‘Big Quit’ and adapt
- Tell the whole truth? I’ll do better than that
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