Virginia Lawyers Weekly VA Lawyers Weekly

A timber owner who sued neighbors for harvesting timber on plaintiff’s property is not entitled to $165,135 in attorney’s fees under Virginia’s timber trespass statute, which authorizes recovery of “directly associated legal costs” from the trespass; the Supreme Court of ...

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

In this dispute over defendant landowners’ construction of a dock on their Smith Mountain Lake property that plaintiff power company says does not conform to the power company’s Flowage Easement and its federal license, a Roanoke U.S. District Court grants ...

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

A mortgage loan servicer wins summary judgment on plaintiff borrower’s suit alleging breach of contract and defamation for alleged misrepresentations that his account was delinquent; the Alexandria U.S. District Court says the servicer’s Notice of Assignment only assigned defendants an ...

Tagged with: Judge Gerald Bruce Lee Real Estate U.S. District Court - Eastern District

Plaintiff landowners’ claims that defendant mining company unlawfully diverted excess wastewater from an underground coal mine into mine voids located beneath plaintiffs’ land are barred by the applicable statutes of limitations, and plaintiffs have not shown that they suffered any ...

Tagged with: Judge James P. Jones Real Estate U.S. District Court - Western District

A Norfolk Circuit Court grants defendants’ demurrers to a mortgage borrower’s claims alleging defendants violated New York law by attempting to buy back the mortgage note; plaintiff cannot attack the repurchase of the note and the appointment of the substitute ...

Tagged with: Judge Mary Jane Hall Norfolk Circuit Court Real Estate Virginia Circuit Courts

In this suit filed by Verizon Wireless and CWS VII LLC challenging denial of an application filed by CWS VII and the trustees of the Andrew Chapel United Methodist Church to build a wireless communications facility on the ACUMC grounds ...

Tagged with: Judge Leonie Brinkema Real Estate U.S. District Court - Eastern District

In this dispute over plaintiff landowners’ right to build a dock on their Smith Mountain Lake property over which defendant power company has a Flowage Easement and federal license, a Roanoke U.S. District Court denies plaintiffs’ motion to remand their ...

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

A Dickenson County Circuit Court grants plaintiffs a prescriptive easement on Tarzan Road, 15 feet in width, for commercial and residential purposes, based on plaintiffs’ evidence about their use of the road for ingress and egress. The court also enters ...

Tagged with: Dickenson County Circuit Court Judge Henry Vanover Real Estate Virginia Circuit Courts

A Fairfax Circuit Court denies a homeowners association’s petition requesting the State Building Code Technical Review Board to review the HOA’s citations for local fire code violations following a final determination by a Local Board of Fire Prevention Code Appeals; ...

Tagged with: Fairfax County Circuit Court Judge Stephen C. Shannon Real Estate Virginia Circuit Courts

In this lawsuit by the owners of landlocked lots seeking an easement over defendant neighbor’s property, a Loudoun County Circuit Court denies defendant’s motion to join other lot owners in the subdivision and neighboring properties that once were part of ...

Tagged with: Loudoun County Circuit Court Real Estate Virginia Circuit Courts