Where the owners of an easement over a riparian area were not made parties to litigation involving the land that was subject to the easement, the circuit court’s judgment in that litigation is void. Because the litigation involved the easement ...

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

Where plaintiffs alleged defendants presented false information about alleged zoning violations, which resulted in criminal charges that were later dismissed, the circuit court erred by dismissing plaintiffs’ malicious prosecution claim but correctly sustained a demurrer regarding an abuse-of-process claim. Criminal ...

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

Even though appellant’s appeal notice identified the commonwealth as the appellee instead of a county prosecutor’s office, the county’s general appearance in the matter waived any defect in the notice. The Court of Appeals erred by ruling that the notice ...

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

Where the circuit court entered a nonsuit order and ruled from the bench 20 days later that defendants would be awarded costs, Rule 1:1(a) barred the court from entering the written order for costs because more than more than 21 ...

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

The Supreme Court of Virginia has blocked a $20,000 award of costs to medical malpractice defendants after the plaintiff took a mid-trial nonsuit, ruling the order granting costs came more than 21 days after the nonsuit order. The May 20 ...

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

The Supreme Court of Virginia has reversed the early dismissal of a lawsuit against two church bodies accused of negligent hiring and retention of a pastor who – after his official retirement – allegedly molested a 13-year-old girl. The lawsuit ...

Tagged with: Employment Justice Stephen R. McCullough Negligence Negligent hiring Supreme Court of Virginia

Where a retired but still active pastor alleged molested a child who belonged to a local church, the circuit court incorrectly dismissed her claims against the state and national churches for negligent hiring and retention, vicarious liability and negligent infliction ...

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

Where most of the real estate on which appellees wished to build a cluster development was outside of an area designated for water and sewer extensions, appellees must submit their plan for planning commission review. The statute exempting cluster developments ...

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

In a victory for Virginia trial lawyers, the Supreme Court of Virginia has reinstated a lawsuit over an accidental death from an ill-planned target shooting session. The court said landowners may owe a duty to control the actions of an ...

Tagged with: Justice Stephen R. McCullough Virginia Supreme Court

Where a shooting victim’s estate alleged that the shooter’s grandparents gave him permission to shoot targets on their property toward the house where the victim was visiting, the trial court erred by sustaining defendants’ demurrer on the basis that they ...

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