Tag Archives: Judge Grace Burke Carroll

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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Internet Tax Freedom Act preempts general business tax (access required)

Where Fairfax County taxed Cox Communications’ gross receipts of internet access fees under the commonwealth’s Business, Professional, and Occupational License tax, this was error because the federal Internet Tax Freedom Act preempts the BPOL tax. It is the county’s burden ...

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No fraud or unjust enrichment in home construction action (access required)

Where plaintiffs sued for return of their deposits paid for property and construction of a home, the court finds defendants did not violate the Virginia Consumer Protection Act, and were not unjustly enriched by retaining plaintiffs’ deposits. To prove fraud ...

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Vehicle correctly classified as autocycle in HOV case (access required)

Where defendant was convicted in district court for driving his autocycle in a high occupancy vehicle lane, the commonwealth did not violate the Supremacy Clause by classifying his vehicle as an autocycle rather than a motorcycle, which can be operated ...

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Injured pedestrian cannot sue county garbage truck driver (access required)

Sovereign immunity bars a suit against a county garbage truck driver who hit and injured a pedestrian while he was driving his route. Background Defendant was driving his garbage collection route when he struck and injured plaintiff while making a ...

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Fairfax jury gives $20.5M for failure to diagnose tumor – $20.5 Million Verdict (access required)

The case involved a Kaiser Permanente oncologist providing poor follow-up care to a post-mastectomy patient with silicone implant reconstruction. Ultimately the patient developed a desmoid tumor, medial to her right implant, that grew uncontrollably to a large size and in ...

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