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Zoning: Inverse condemnation claim against Loudoun County is dismissed
Where two homeowners sued Loudoun County for inverse condemnation, but they failed to comply with Code § 15.2-1248, which relevantly states “[n]o action shall be maintained by any person against a county upon any claim or demand until such person has presented his claim to the governing body of the county,” their suit was dismissed.
Municipal: Hanover County denies request for 176-home subdivision
Where the Board of Supervisors of Hanover County denied a request to rezone property from agricultural use to single-family residential, so a 176-home subdivision could be built, because of concerns about the increase in traffic, the strain on school resources and incongruity with the surrounding area, and its decision was “fairly debatable,” the circuit court did not err when it affirmed that[...]
Real Property: Court resolves dispute over planned residential community
Although a community association possesses the right to enforce a declaration against the current owner of a planned residential community, because it failed to comply with the required procedures, it was not entitled to monetary sanctions.
Real Property: Right to use private road wasn’t extinguished by merger
Where the circuit court held a property owner’s right to use a private road that traversed the edge of its neighbor’s land was extinguished under the doctrine of merger, it erred.
Real property: ‘Stranger to the deed’ rule didn’t apply to easement grant
Where a homeowners association argued the trial court erred when it found a 1995 deed conveyed an express easement to an adjoining lot, because the owner of the lot was not a party to the deed, but the “stranger to the deed” rule does not apply to grants, and this was a grant, the association’s argument was rejected.
Real Property: Bank prevails in unlawful detainer suit
Where a homeowner who lost his house at foreclosure responded to an unlawful detainer suit by the purchaser by challenging its title, but his challenges were not legitimate, the bank prevailed in the suit.
Real Property: Default judgment entered in condemnation case
Where a company needed a temporary easement for a pipeline project, but it was unable to reach agreement with unknown heirs, and they failed to respond to the complaint following service via publication, the company’s motion for default judgment was granted.
Administrative: Homeowners’ challenge to Wegmans distribution center fails
Where homeowners asserted multiple challenges against a proposed Wegmans distribution center, but each of their challenges failed as a matter of law, their suit was dismissed.
Real Property: $500,000 judgment reversed
Where the plaintiff argued he was not required to exercise an option to purchase real property, but was nevertheless entitled to liquidated damages, because the property was the subject of an adverse possession action, the court held he was required to exercise the option before he could claim damages. Once he exercised the option, the owner had 30 days to clear the alleged encumbrance.
Administrative: Developer’s proposed subdivision plan is rejected
Where the Department of Land Development Services of Fairfax County decided that a subdivision plan proposing a new road was prohibited under the Fairfax County Comprehensive Plan for land use and development, and its decision was based on the statute and on the applicable local ordinance and was not arbitrary and capricious, it was affirmed.
Landlord and Tenant: Neighbor has right to enter tenant’s property during construction
Where a lease allowed a neighbor to enter the tenant’s property for safety purposes during construction, the trial court did not err in so holding.
Zoning: Letter was merely advisory and thus not appealable
Where a deputy zoning administrator’s letter stated a company could operate a group home on three adjacent parcels of land it purchased if certain conditions were satisfied, the letter was […]
Legal Tech
- How large language models are leveling the personal injury playing field
- Attorney Share, Lawmatics integrate to automate law firm referrals
- How ransomware tactics against law firms are changing
Verdicts & Settlements
- Motor Vehicle Negligence – Motorcyclist suffers severe injuries in vehicle accident
- Medical Malpractice – Patient dies after alleged improper medicine admin
- Workers’ Compensation-Vehicle accident paralyzes Brazilian cement worker
- Medical Malpractice – Death from cancer followed stomach pain misdiagnosis
- Workers’ Compensation – Seasonal worker paralyzed in tobacco baler accident
Opinion Digests
- Criminal – Defendant convicted based upon Commonwealth witnesses’ testimony
- Zoning – Party failed to show its due process rights were violated
- Tort – Jury’s zero-damages verdict for inmate plaintiff affirmed
- Parent and child – Record supported termination of mother’s parental rights
- Criminal – Man convicted of grand larceny after stealing $26,000
- Parent and child – Brothers dispute who should be their mother’s guardian
- Tort – Allegedly defamatory statements lacked the requisite “sting”
