A company that purchased commercial property at a foreclosure sale wasn’t entitled to a $450,000 payment a tenant made to the prior owner’s agent to restore leased space to its original condition. Judge David W. Lannetti of the Norfolk Circuit ...

Tagged with: Contract Judge David W. Lannetti Virginia Circuit Courts

Where plaintiff bought a commercial property at a foreclosure sale and the prior owner had assigned all income and rights to secure a loan from defendant bank, plaintiff is not entitled to a $450,000 payment a tenant made to the ...

Tagged with: Contract Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Statements defendant made after asserting his right to an attorney must be suppressed “with the exception of an unprompted comment … [defendant] made when one of the detectives entered the interview room and before the detective began speaking.” Background Defendant ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where a city council revoked a nightclub’s conditional use permit after a shooting occurred on the premises, the nightclub will not be granted a preliminary injunction to prevent enforcement of the revocation. Background The Legacy Lounge obtained a conditional use ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where defendant committed three prior technical violations of his probation, the court is not limited to a 14-day sentence after defendant’s fourth technical violation – first-time absconding from probation. This is so despite language in the sentencing guidelines that seemingly ...

Tagged with: Criminal Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts

Where plaintiff requested that defendant city provide all documents relating to finalizing ballot language for a 2020 casino referendum, requested 2022 documents concerning specific phrases, and made a second request that sought documents with one more phrase, plaintiff has not ...

Tagged with: Judge David W. Lannetti VFOIA Virginia Circuit Courts

A circuit court judge granted a defendant’s demurrer in a case over a real estate sales contract after finding both parties to the contract mistakenly believed the defendant seller was the only person to have title to the property the ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Estate Virginia Circuit Courts

Where both parties to a real estate sales contract mistakenly believed defendant seller had exclusive title to property that plaintiff purchaser contracted to buy, plaintiff has no claim for specific performance, breach of contract or a quiet title/partition action. Defendants’ ...

Tagged with: Judge David W. Lannetti Norfolk City Circuit Court Real Estate Virginia Circuit Courts

Where would-be property purchasers did not close on the contractual date, the have no claim for specific performance after the property owner terminated the sales agreement. Overview Newton owns property that the Carlsons wanted to purchase. The purchase agreement provided ...

Tagged with: Judge David W. Lannetti Real Estate Virginia Circuit Courts

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

Tagged with: Domestic Relations Judge David W. Lannetti Norfolk City Circuit Court Virginia Circuit Courts