Virginia Lawyers Weekly VA Lawyers Weekly

Although a motion to approve rezon­ing and a special use permit in support of a proposed land transaction did not perfectly conform to Va. Code § 15.2- 2286(A)(7), the public hearings conduct­ed, the motions made by town council and the ...

Tagged with: Real Estate Washington County Circuit Court

Apartment owners being sued by plaintiffs for alleged injuries from a tree limb that fell on plaintiffs have not stated a third-party claim for liability on the part of an electric utility that al­legedly had a duty to maintain an ...

Tagged with: Hon. David Lannetti Norfolk Circuit Court Real Estate

A seller of an unimproved lot who agreed that the bank that financed the sale could use a “seller holdback” ar­rangement to withhold from the seller funds from the purchase price until the buyer built a home on the lot, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Pamela A. Harris Real Estate

In the owner’s challenge to the city of Norfolk’s tax assessments of the Norfolk Waterside Sheraton Hotel, the Norfolk Circuit Court says the owner successfully rebutted the presumption of correctness by proving the city com­mitted manifest error in miscalculating the ...

Tagged with: Hon. David Lannetti Norfolk Circuit Court Real Estate

A financial systems company did not comply with a lease’s early termination provision when it offset its second pay­ment of the required fee of 10 months’ rent with a deduction for providing its own janitorial services; the 4th Circuit re­verses ...

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

A corporate lessee and its owner can­not use the “source of duty” rule to win dismissal of a conversion claim filed by plaintiff lessor, who alleges defendants are liable for removing property from the leased premises which belonged to the ...

Tagged with: Judge Ivan D. Davis Real Estate U.S. District Court - Eastern District

A buyer of a lot at a tax sale who mis­takenly made improvements to a house on a nearby lot, without the owner’s knowledge or approval, cannot subject the owners of that property to a con­structive trust and a lien ...

Tagged with: Real Estate Supreme Court of Virginia

A Harrisonburg U.S. District Court overrules plaintiff borrowers’ objec­tions to a magistrate judge’s recom­mendation to dismiss their suit against defendant mortgage servicer based on various consumer protection laws. Plaintiffs primarily – and prolifically – lodge objections to the report’s find­ings ...

Tagged with: Judge Michael F. Urbanski Real Estate U.S. District Court - Western District

In this dispute involving a 2000 Pur­chase Agreement for the sale of real prop­erty located in Tysons Corner, Va., from West*Group Properties LLC to defendant Capital One Bank, a Fairfax Circuit Court grants summary judgment for Capital One in an ...

Tagged with: Fairfax County Circuit Court Judge John M. Tran Real Estate Virginia Circuit Courts

A special assessment lien on a Ports­mouth parcel has priority over a deed of trust recorded before the special assess­ments were imposed and the new own­ers of the property subject to the special assessment cannot succeed in their be­lated challenge ...

Tagged with: Real Estate Supreme Court of Virginia