Virginia Lawyers Weekly VA Lawyers Weekly

A historic foundation did not show that it suffered a particularized harm different than that of the general public when the Alexandria City Council approved permits to renovate property located in a historic district. As a result, the foundation was ...

Tagged with: Real Estate Supreme Court of Virginia

Where the defendants allegedly promised to finance the plaintiff’s purchase of real property, but never provided the promised funds, the claims for fraud, fraudulent misrepresentation and tortious interference with contract survived the motion to dismiss. Background In 2018, Potomac Auto ...

Tagged with: Judge Liam O'Grady Tort U.S. District Court - Eastern District

Where a department store was in possession and control of the leased premises when torrential rains resulted in a collapsed roof, an injured employee and considerable damage to inventory, its attempt to recover costs failed because the landlord had no ...

Tagged with: Commercial Judge Thomas T. Cullen U.S. District Court - Western District

Where plaintiff, a commercial owners association, based its assessments on the total square footage of defendant member’s property instead of the developed portion only, this was in accordance with the parties’ contract. As a result, when defendant did not fully ...

Tagged with: Contract Judge Jeanette A. Irby Loudon Circuit Court Virginia Circuit Courts

Where land was conveyed to a church under an 1875 deed that provided the land would revert to the grantors or their heirs if it was not used for church purposes, this was not an unreasonable restraint on alienation. As ...

Tagged with: Justice William C. Mims Real Estate Supreme Court of Virginia

Where most of the real estate on which appellees wished to build a cluster development was outside of an area designated for water and sewer extensions, appellees must submit their plan for planning commission review. The statute exempting cluster developments ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they ...

Tagged with: 20th Circuit Court Judge Stephen Sincavage Real Estate Virginia Circuit Courts

Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

Where the highway commissioner sought to take property for a road improvement project, the trial court properly excluded a landowner’s testimony and an unapproved 10-year-old site plan to establish compensation for the taking. Background Palmyra Associates owned a 44-acre unimproved ...

Tagged with: Justice Stephen R. McCullough Real Estate Supreme Court of Virginia