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Tag Archives: Justice S. Bernard Goodwyn

Bylaw change cannot redefine minority shareholder protection (access required)

Corporate directors cannot avoid obtaining minority shareholder approval to sell a company by amending its bylaws to redefine a statutory safe harbor provision. The statutory provision is designed to protect minority shareholders when a sale would leave the company without ...

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Tax payments did not create right to illegal property use (access required)

The circuit court incorrectly ruled that respondent property owners who paid property taxes for more than 15 years acquired a vested right to continue their illegal use of two buildings. Code § 15.2-2307(D) provides that buildings or structures may not ...

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The duty to protect others (access required)

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A sharply divided Supreme Court of Virginia says those who assume a duty to guard against criminal harm can be liable only if they communicate their undertaking. A four-justice majority of the high court affirmed dismissal of a lawsuit against ...

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SCV: Auto graveyard affirmed as lawful non-conforming use (access required)

The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that ...

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SCV: Miranda warning written in Spanish was effective (access required)

Evidence was sufficient to conclude that a Spanish-speaking defendant waived his Miranda rights prior to a police interview. He was given the written warning in Spanish, asked by an interpreter if he understood it, and read it back to officers. Background Detective ...

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SCV: No error in rejected district “compactness” analysis (access required)

The circuit court did not err in confirming the constitutional validity of Virginia General Assembly legislative districts, which the plaintiffs alleged were drawn in violation of Virginia’s constitutional compactness requirement. Background The plaintiffs seek a declaratory judgment that the “State ...

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