Although the circuit court correctly admitted a will to probate and appointed an estate administrator, the court incorrectly granted summary judgment to a German charity that was making a claim against the decedent’s brokerage account. Background Towsey, the decedent, had ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Wills & Trusts

Even though a party didn’t have to pay her own attorneys’ fees, she had incurred reasonable expenses that could be awarded as sanctions, the Virginia Supreme Court has held in a matter of first impression. “We conclude that regardless of ...

Tagged with: Justice Stephen R. McCullough Sanctions Supreme Court of Virginia

Where appellants were sanctioned for filing frivolous claims against an employee, most of the trial court’s sanctions were correct. The attorney fees award, however, must be recalculated. The court awarded attorney fees on the whole of appellants’ claims instead of ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

Appellant was incorrectly denied a refund of county taxes paid on its sale of internet access services. The circuit court determined that a grandfather clause in the Internet Tax Freedom Act allowed the county to impose Business and Professional Occupational ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Taxation

The Supreme Court of Virginia has asked the state health commissioner to re-evaluate an application for a certificate of public need, or COPN, from Chesapeake Regional Medical Center for a new open-heart surgery service and cardiac catheterization equipment. The decision ...

Tagged with: Justice Lawrence L. Koontz Jr. Justice Stephen R. McCullough Supreme Court of Virginia

Where the Fairfax County Board of Zoning Appeals approved a treatment center for teenage girls that would operate from a house, neighbors who live or own property next to the proposed center have standing to challenge the BZA’s decision. Background ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

The denial of a trustee’s motion to compel arbitration pursuant to a clause in the trust has been affirmed by the Virginia Supreme Court. The court concluded that a trust is not a contract subject to mandatory arbitration under the ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia

The Supreme Court of Virginia reversed a lower court’s ruling and denied homeowner’s insurance coverage for an all-terrain vehicle, or ATV, after determining the vehicle did not qualify as a “farm type vehicle.” The Pittsylvania County Circuit Court had previously ...

Tagged with: Insurance Justice Stephen R. McCullough Supreme Court of Virginia

Neither the Virginia Uniform Arbitration Act nor the Federal Arbitration Act compel arbitration of the parties’ trust dispute. Both statutes provide for arbitration of contracts. A trust is not a contract. Moreover, a trust beneficiary is not a party to ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia Wills & Trusts

A homeowners’ policy does not provide coverage for appellee’s accidental injuries sustained while riding on an all-terrain vehicle. Insurance coverage is unavailable because the ATV does not qualify as a “farm type vehicle.” Background Diamond Jones was a passenger on ...

Tagged with: Contract Justice Stephen R. McCullough Supreme Court of Virginia