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

Where a homeowner argued the mortgage noteholder lacked standing to initiate foreclosure proceedings because of irregularities in the process by which it was assigned the mortgage, and that claim depended entirely on the interpretation of federal law and federal regulations, ...

Tagged with: Civil Practice Judge Claude M. Hilton U.S. District Court - Eastern District

Where a former Virginia Tech student claimed the university and its officials denied him due process and violated Title IX during an investigation into an alleged sexual assault, his suit was dismissed because he failed to timely serve the defendants ...

Tagged with: Civil Practice Judge Thomas T. Cullen U.S. District Court - Western District

The commonwealth presented sufficient evidence at appellant’s annual review from which the trial court could conclude that he was a sexually violent predator who could not be conditionally released from in-patient treatment. Overview Before Edwards was released from prison following ...

Tagged with: Civil Practice Supreme Court of Virginia