Virginia Lawyers Weekly VA Lawyers Weekly

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

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