Virginia Lawyers Weekly VA Lawyers Weekly

A Richmond U.S. District Court says a couple who alleges damage from mold infestation can sue their landlord for negligence per se, on a theory the landlord violated Virginia’s Uniform Statewide Building Code. Shortly after Raymond and Shawnda Sanders moved ...

Tagged with: Judge James R. Spencer Landlord/Tenant U.S. District Court - Eastern District

Plaintiffs who have defaulted on a mortgage loan and who alleged fraud and other claims in an effort to forestall foreclosure, will have their suit dismissed with prejudice under Fed. R. Civ. P 41(b) for failure to prosecute, given their ...

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

Although co-tenants had interests in a Bristol property, appellees showed that for more than 15 years they improved and maintained the property, paid the property taxes and leased the property to tenants who were in open occupation, while the co-tenants ...

Tagged with: Justice Lawrence L. Koontz Jr. Real Estate Supreme Court of Virginia

The 4th Circuit affirms approval of a government-backed project where an Arlington church shares space with subsidized apartments in a single 10-story building; the panel rejects the constitutional challenge of an Arlington resident who lived near the project and said ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Real Estate

Although defendant seller of a parcel in New Kent County alleges its sale of the property occurred after expiration of its “Exclusive Authorization to Sell” contract with plaintiff, a New Kent County Circuit Court overrules the seller’s demurrer to plaintiff’s ...

Tagged with: Contract Judge Everett A. Martin Jr. New Kent County Circuit Court Virginia Circuit Courts

Property owners who allege damage to their property from a county school board’s construction of a “storm water retention basin” that allowed polluted storm water to be discharged onto plaintiffs’ property and into their pond, are entitled to damages for ...

Tagged with: Judge John C. Morrison Norfolk Circuit Court Real Estate Virginia Circuit Courts

A homeowner who has stopped paying on the $1.2 million promissory note cannot stop a foreclosure on his home with this suit alleging violations of the Fair Debt Collection Practices Act, as well as state law claims for declaratory judgment, ...

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

Plaintiffs who already have lost their home to foreclosure lose their suit in Alexandria U.S. District Court seeking to overturn the foreclosure, as none of their claims for declaratory relief or alleging violations of federal statutes can go forward. Here, ...

Tagged with: Judge Gerald Bruce Lee Real Estate U.S. District Court - Eastern District

Where an unmarried couple bought a foreclosure home as joint tenants with right of survivorship, but they later sold the home to their tenant, with owner financing, and continued to divide the monthly payments after they split up, the survivorship ...

Tagged with: Judge John R. Doyle III Norfolk Circuit Court Real Estate Virginia Circuit Courts

A Roanoke City Circuit Court denies a petition to dismiss this condemnation proceeding filed by the Roanoke Redevelopment and Housing Authority, filed after the RRHA entered into a settlement agreement with the property owners for $2.9 million, for their conveyance ...

Tagged with: Judge Charles N. Dorsey Real Estate Roanoke Circuit Court Virginia Circuit Courts