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Tag Archives: Judge Daniel E. Ortiz

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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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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Lifetime sex offender registration order bars gun ownership (access required)

Where petitioner was convicted of a sex crime that requires him to permanently register as a sex offender, the requirement precludes the restoration of his firearm rights. Background After a plea-based conviction of taking incident liberties with a child, petitioner ...

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No guardianship where living father still has legal custody (access required)

A minor child’s maternal grandparents cannot be appointed as the child’s guardians because her father is alive and has legal custody of the child. Overview Petitioners are the maternal grandparents of a 15-year-old child whose mother died in 2012. She ...

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Subcontractor’s $11M claim for computer work dismissed (access required)

The plain terms of the parties’ software migration contract defeat plaintiff’s claim that it is entitled to a minimum payment of $11.1 million. Defendant’s demurrer is sustained with prejudice. Background Agile Defense obtained a government contract to migrate U.S. Air ...

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Six expected to seek seat on Court of Appeals (access required)

At least six candidates have indicated they would like to be considered for a vacancy on the Court of Appeals of Virginia. Virginia bar groups have been asked by a state Senate leader to evaluate candidates, and an evaluation process ...

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Short-term home rentals violate zoning ordinance (access required)

The Fairfax Board of Zoning Appeals correctly upheld the county zoning administrator’s violation notice to petitioners, who were making short-term rentals of their residential home. Violation notice Petitioners own a home in a district zoned for “dwellings.” The applicable ordinance, ...

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