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Tag Archives: Justice Stephen R. McCullough

Attorney’s fees correctly awarded in fraud case (access required)

Where appellees prevailed on their claim that appellants acquired a valuable firearm collection by fraud, appellants were properly ordered to pay more than $108,000 in attorney’s fees. Background Ernest Elsea had several health problems that caused cognitive deficits and hearing ...

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Unapproved site plan excluded in taking case (access required)

Where the highway commissioner sought to take property for a road improvement project, the trial court properly excluded a landowner’s testimony and an unapproved 10-year-old site plan to establish compensation for the taking. Background Palmyra Associates owned a 44-acre unimproved ...

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Oyster farmers cannot bring inverse condemnation claim (access required)

Where petitioners lease oyster grounds from the commonwealth, the circuit court correctly dismissed their inverse condemnation claim, which alleged that municipal sewage discharges polluted the water in which they raise oysters. Overview Petitioners lease publicly owned bottomland in the Nansemond ...

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Concealed weapon, felon in possession convictions upheld (access required)

Where appellants were previously convicted of carrying a concealed weapon, Code § 19.2-294 does not prevent their subsequent prosecutions and convictions for being felons in possession of a firearm. Overview In separate prosecutions, Evans and Conway were each convicted of ...

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