Virginia Lawyers Weekly VA Lawyers Weekly

A Charlottesville U.S. District Court denies an emergency motion to enjoin the sale at public auction of the Kluge Estate Winery and Vineyard LLC, a 900-acre property in Albemarle County. This is an action brought under the Farm Credit Act ...

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

In a couple’s suit against defendants who allegedly misrepresented luxury amenities available in a residential community affiliated with the Ritz-Carlton Hotel, an Alexandria U.S. District Court awards plaintiff, in addition to the remedy of rescission, pre-judgment interest and attorney’s fees ...

Tagged with: Judge James C. Cacheris Real Estate U.S. District Court - Eastern District

After a bench trial, a Richmond U.S. District Court rules for defendant landlord in this suit by a couple who alleges damage from mold infestation; although the landlord breached a duty to competently perform repairs, plaintiffs could not show causation. ...

Tagged with: Judge James C. Cacheris Real Estate U.S. District Court - Eastern District

A condominium association for a low-income public housing complex does not have authority under its Master Deed, its Bylaws or under Va. Code § 55-79.80:2 to assess more than $20,000 in fines against a plaintiff tenant for failing to properly ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Real Estate Virginia Circuit Courts

A woman who took property as a tenant by the entirety after her husband died but who says he forged her signature on two deeds trust that secured notes on the property cannot sue the mortgage company for punitive damages ...

Tagged with: Fairfax County Circuit Court Judge Charles James Maxfield Real Estate Virginia Circuit Courts

A plaintiff wins a challenge to the county’s grant of a special exception under Fairfax Zoning Ordinance § 9-610 for waiver of minimum lot width requirement to another owner’s property, as the Fairfax Circuit Court holds the county violated Dillon’s ...

Tagged with: Fairfax County Circuit Court Judge Leslie M. Alden Land Use & Zoning Virginia Circuit Courts

A counseling center that has a non-residential use permit has violated the local zoning ordinance by offering additional services such as laundry, personal care facilities and meals to its clients, and the Fairfax Circuit Court reverses the decision of the ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Land Use & Zoning Virginia Circuit Courts

Although a new Virginia Supreme Court pest-control case does not support a negligence claim against a landlord filed by tenants who say their apartment is infested with bedbugs, a Fairfax Circuit Court says the tenants have stated claims for fraud ...

Tagged with: Fairfax County Circuit Court Judge R. Terrence Ney Real Estate Virginia Circuit Courts

In her suit under the Truth in Lending Act to overturn a foreclosure, plaintiff’s offer of tender based on sale of her home would survive a motion to dismiss, says a Richmond U.S. District Court, but her claim for rescission ...

Tagged with: Judge John A. Gibney Jr. Real Estate U.S. District Court - Eastern District

In this case involving condemnation of a Fairfax property with a Taco Bell restaurant, the Virginia Supreme Court says the trial court erred in striking the owner’s evidence that features such as a cooler, freezer, warming ovens and work stations ...

Tagged with: Justice Elizabeth B. Lacy Real Estate Supreme Court of Virginia