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Tag Archives: Civil Practice

Injury claims based on smart meter emissions preempted (access required)

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’ ...

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Developers enjoined from changing agreement (access required)

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, ...

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Disassociated LLC members don’t count for diversity (access required)

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 ...

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Demurrer not permitted when circuit court hears appeal (access required)

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 ...

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Court can hear challenge to pastor’s confirmation (access required)

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 ...

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Livestock owner couldn’t challenge animal cruelty laws (access required)

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. ...

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Mechanic’s lien without suit is not abuse of process (access required)

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 ...

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Fourth Circuit precedent forecloses attorneys’ fees claim (access required)

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’ ...

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