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Tag Archives: Fairfax County Circuit Court

Church’s successor directors not affirmed by majority vote (access required)

Where members of the Heritage Fellowship Church allege that the church’s deacons board violated the church’s governing documents when it altered HFC’s membership list, the court finds that the successor members of the board of directors “were never validly selected, ...

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Misdemeanor charges OK despite lack of prosecutor (access required)

A Newport News judge has denied a criminal defendant’s motion to dismiss made after the commonwealth’s attorney declined to prosecute a misdemeanor concealed weapon charge. Judge Gary A. Mills agreed with a Fairfax County Circuit Court holding earlier this year ...

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Taxpayers have standing to contest upgrade (access required)

Plaintiff taxpayers have standing to challenge a decision by the Fairfax County Board of Supervisors to expend funds to update and modernize the county’s zoning ordinances. Plaintiffs have alleged that the expenditures were made without proper notice, an in-person quorum ...

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Stalking elements not proved in protective order petition (access required)

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

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No oyer because documents do not address relevant issue (access required)

Where defendants have filed a motion craving oyer for documents used to transmit two insurance policies and endorsements, the motion is appropriate but it is denied because the documents will not help the court decide a choice of law issue ...

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Statute bars punitive damages in power of attorney case (access required)

Where the court found that defendant breached fiduciary duties by violating the Uniform Power of Attorney Act, plaintiff’s damages are limited to recovery of the lost funds and reimbursement for attorney’s fees and costs. The act does not authorize an ...

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No preclusive effect for adverse ruling in prior defamation case (access required)

A British defamation case, in which the court concluded that a newspaper’s characterization of plaintiff as a “wife beater” was “substantially true,” cannot be given preclusive effect in plaintiff’s defamation case in this court against defendant. Defendant’s plea in bar, ...

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Claims arising from trash fire go forward (access required)

Where plaintiff firefighters claim they were injured while responding to a trash fire at defendant’s facility, the fireman’s rule does not bar their negligence and gross negligence claims. The court overrules defendant’s demurrers. Firefighters’ rule “The fireman’s rule limits liability ...

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