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Tag Archives: Justice S. Bernard Goodwyn

County’s demand for commuter route payments fails (access required)

The Virginia Supreme Court has affirmed a ruling that the establishment of a commuter route did not trigger a shopping center owner’s obligation to contribute $500,000 under a zoning proffer for public transportation. “The County’s argument that voluntary conditional proffers ...

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Transit proffer cannot be enforced (access required)

Where a transit proffer agreement conditioned a landowner’s liability for payments upon the county extending public transportation to the landowner’s development project, the agreement cannot be enforced. Although the county extended public transportation, there is no nexus between the extension, ...

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Restrictive covenants cannot be enforced in statue removal case (access required)

The commonwealth has the authority to remove a state-owned monument from state owned property. The monument is a form of government speech. To the extent that the document conveying the property to the state and a legislative resolution accepting the ...

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Brothers correctly removed as co-executors of mother’s estate (access required)

The circuit court correctly removed two brothers as co-executors of their mother’s estate and replaced them with a disinterested third party. The “strife and conflict between the brothers[,]” resulting in their inability to agree on even the most trivial matters ...

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