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Tag Archives: Fairfax County Circuit Court

Inverse condemnation suit proper in circuit court (access required)

Plaintiff may file his inverse condemnation claim in circuit court without first presenting it to the Fairfax County Board of Supervisors. Code § 15.2-1248 does not make presentation to the county supervisors a requisite before filing in circuit court. Moreover, ...

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Firefighter promotion policy changes cannot be grieved (access required)

The Fairfax County executive properly determined that firefighter captains are not entitled to invoke grievance procedures to challenge changes to county policies governing promotions and filling vacancies in the Fire and Rescue Department. Overview In response to the COVID-19 pandemic, ...

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Separate property not subject to distribution (access required)

Where the parties’ antenuptial agreement is ambiguous, the court determines, after considering extrinsic evidence, that the agreement is best understood as barring equitable distribution of the parties’ separate property brought into, and acquired during, the marriage. This includes any gain ...

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No jurisdiction for defamation claim against UK newspaper (access required)

Plaintiff, a solicitor in the United Kingdom and a California resident, has not demonstrated how this court can assert personal jurisdiction over his defamation claim against the Daily Mail, a UK newspaper, arising from matters occurring in the UK involving ...

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Complaint’s statement excluded in sexual battery case (access required)

Where defendant is charged with sexual battery, the court denies his motion to admit the complaint’s statement made during sexual intimacy with defendant’s son that “she … would do anything to help her get ahead at work.’” Overview The trial ...

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Demurrers to investors’ claims sustained (access required)

Where plaintiff investors in a failed maternity clothing company sued the company and its two founders, the individual defendants’ demurrers to plaintiffs’ claims are sustained. Plaintiffs are granted leave to amend their complaint. Background Evans and Wilson were co-founders of ...

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Setback variance to build screened porch approved (access required)

Respondent’s board of zoning appeals incorrectly denied petitioners a setback variance to replace a deck at their residential home with a screened porch. Background Petitioners own a home on a corner lot in Vienna, Virginia. The lot is wider than ...

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No CGL coverage for suit arising from untimely repairs (access required)

Where a contractor sought coverage under a CGL policy when it was sued for not timely completing repairs, the insurer has no duty to defend or indemnify because the suit did not allege an “occurrence” within the policy’s terms. Overview ...

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Relief laws no defense to confessed judgment (access required)

Provisions of the federal Servicemembers Civil Relief Act (SCRA) provide no defense to a confessed judgment entered against defendant while he was on active military duty. Background Slonopas Real Estate executed a deed of trust and a promissory note payable ...

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