Where appellants claimed they were injured by exposure to radio frequency emissions from a smart meter that Virginia Electric and Power Co. installed on their home, federal conflict preemption bars the claims. The Federal Communications Commission governs RF emissions. Appellants’ ...

Tagged with: Chief Justice Donald W. Lemons Civil Practice Supreme Court of Virginia

There is no jurisdiction to review the circuit court’s failure to find appellee in contempt for allegedly violating a protective order issued during the parties’ divorce proceedings. However, the court erred by ruling that appellant did not timely file new ...

Tagged with: Civil Practice Virginia Court of Appeals

Where plaintiff seeks injunctive relief to prevent defendants’ breach of the parties’ agreement to develop their parcels according to a common plan, the court grants a preliminary injunction that bars defendants from altering the agreement. Background Plaintiff, Comstock Loudoun Station, ...

Tagged with: Civil Practice Judge Douglas L. Fleming Jr. Virginia Circuit Courts

Where the original complaint filed by a landowner alleging her house was damaged when a railroad diverted water asserted only state-law claims for negligence, nuisance and trespass, but her amended complaint included new claims for adverse possession and prescriptive easement ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Practice Judge Albert Diaz

Where two members were disassociated from the LLC, that terminated their memberships in the LLC for purposes of federal diversity jurisdiction. Background This is a lawsuit for declaratory and other equitable relief brought by three individuals who are or were ...

Tagged with: Civil Practice Judge Roderick C. Young U.S. District Court - Eastern District

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

Where members of the Heritage Fellowship Church allege that its board of directors manipulated voter rolls after a failed attempt to confirm a senior pastor by lowering the number of votes needed for the necessary two-thirds majority, and accordingly declared ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

A livestock owner who was previously convicted of violating Virginia’s animal cruelty statutes lacked standing to attack the statutes as unconstitutional because she did not allege that she intended to care for livestock in a manner prohibited by the laws. ...

Tagged with: Civil Practice Judge David J. Novak U.S. District Court - Eastern District

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk City Circuit Court Virginia Circuit Courts

Where the 4th U.S. Circuit Court of Appeals previously held that a plaintiff who won a preliminary injunction that was not reversed or modified, but whose case was later dismissed as moot, is not a “prevailing party” entitled to attorneys’ ...

Tagged with: Civil Practice Judge Norman K. Moon U.S. District Court - Western District