Virginia Lawyers Weekly VA Lawyers Weekly

In a homeowners association’s chal­lenge to the Board of Zoning Appeals’ decision that the outdoor lighting on an adjacent Sportsplex complex of playing fields does not violate the county zoning ordinance’s light and glare standards, a Loudoun County Circuit Court ...

Tagged with: Judge Douglas L. Fleming Jr. Loudoun County Circuit Court Real Estate Virginia Circuit Courts

A circuit court did not err in holding that the term “minerals” used in two severance deeds executed in 1886 and 1887 included natural gas and coal bed methane as a matter of law, the Supreme Court of Virginia holds. ...

Tagged with: Justice Elizabeth A. McClanahan Real Estate Supreme Court of Virginia

A Dinwiddie County Circuit Court holds that the Highway Commissioner’s amend­ment of a certificate of take to reduce the property taken does not nullify the bona fide offer to purchase as a condition prece­dent for the court’s jurisdiction. The commissioner ...

Tagged with: Dinwiddie County Circuit Court Judge Joseph M. Teefey Jr. Real Estate Virginia Circuit Courts

A Dinwiddie County Circuit Court de­nies a property owner’s motion to dismiss the Commissioner of Highways’ petition for condemnation and request to partial­ly invalidate the certificate of take in this case involving property near the intersec­tion of Cox Road and ...

Tagged with: Dinwiddie County Circuit Court Judge Joseph M. Teefey Jr. Real Estate Virginia Circuit Courts

Although the sequence of transfers documented by plaintiff does not show a written instrument transferring the interest in a note and deed of trust on plaintiff’s residence to HSBC, the entity that appointed a substitute trustee to foreclose on the ...

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

In a suit filed by the granddaughter of a 75-year-old woman who suffers from diabetes and mild dementia, against the woman’s niece, who formerly had power of attorney, and her great-niece, the granddaughter’s allegations that defendants manipulated the woman’s medications ...

Tagged with: Judge Humes J. Franklin Jr. Real Estate Virginia Circuit Courts Waynesboror Circuit Court

An amendment to a homeowners’ association Declaration of Covenants recorded in the circuit court clerk’s office did not include a copy of the Amendment and did not state that the required majority of lot owners had signed or ratified the ...

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

A divided Supreme Court of Virginia upholds a trial court decision that an expansion of activities related to appellee vineyard’s operation, including making and selling bread and cheese from a “farm building” on the property, do not violate a Conservation ...

Tagged with: Justice Elizabeth A. McClanahan Real Estate Supreme Court of Virginia

A worship group that leased a commercial property to use for a church, contingent on the owner obtaining a variance from a setback requirement, which the city denied, have not stated a claim under the Religious Land Use and Institutionalized Persons ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Barbara Milano Keenan Real Estate

A landowner who was denied an extension of its conditional use permit allowing construction of a sign for a proposed outlet mall was not “similarly situated” to a developer who was granted an extension of the same CUP allowing construction ...

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