Virginia Lawyers Weekly VA Lawyers Weekly

A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

Tagged with: Justice D. Arthur Kelsey Real Estate Supreme Court of Virginia

Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

Tagged with: Justice Cleo E. Powell Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Real Estate Virginia Circuit Courts

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Defendant city’s rezoning of plaintiff’s property after an annexation was not void ab initio. Further plaintiff had no vested right to use the property in a particular way. As a result, plaintiff cannot complain that it was deprived of a ...

Tagged with: Justice S. Bernard Goodwyn Real Property Supreme Court of Virginia

Where plaintiff claims defendants’ underground sprinkler system damaged her property and that they have interfered with her easement rights, the timeliness of plaintiff ‘s trespass and nuisance claims are a jury issue. Further, the circuit court erred when interpreting the ...

Tagged with: Chief Justice Donald W. Lemons Real Property Supreme Court of Virginia

Where defendant did not reconvey property to plaintiff as agreed, plaintiff’s allegation that defendant never intended to do so sufficiently states a claim for actual fraud but not constructive fraud. Facts Plaintiff Gutterman purchased residential real estate for $93,500 without ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Where a zoning administrator cited petitioners for violating the Fairfax County zoning ordinance because they made occasional online rentals of their residence, the Board of  Zoning Appeals erred by upholding the citation. The abode at issue is used more or ...

Tagged with: Fairfax County Circuit Court Judge Dontae L. Bugg Real Estate Virginia Circuit Courts

Defendants’ pier, which they constructed from their shoreline to the navigable waterway of a river, must be removed to the extent that it interferes with the riparian rights belonging to plaintiff’s property. Background Plaintiff Smith and defendants, the Popes, own ...

Tagged with: Norfolk Circuit Court Real Property Virginia Circuit Courts

The 30-day period in which to appeal a jury’s just compensation award in this condemnation case began to run when the circuit court entered its order confirming the award. The confirmation order is the final order in the case under ...

Tagged with: Published Order Real Property Supreme Court of Virginia