Free Newsletter
Real Property – Condominium association prevails in suit with owner
The circuit court in Albemarle County affirmed that University Village Owner’s Association can amend the condominium declaration to extend expansion period by two-thirds vote.
Real Property- City of Norfolk enjoined from land
The circuit court affirmed that Pretty Lake 5757 LLC holds exclusive ownership of land purchased in a tax sale, enjoining the City of Norfolk from use.
Supreme Court clarifies when objects can be placed in easement
The Supreme Court of Virginia ruled that a reasonableness standard applies to objects placed in easements, reversing lower courts in a Dinwiddie County dispute.
Rocky Mount mayor faces Virginia State Bar suspension
Rocky Mount Mayor Holland Perdue faces a 36-month suspension from practicing law by the Virginia State Bar for falsifying a court document.
Real Property- Court clarifies when items may be placed within easement
Virginia court rules that placement of objects within easements is subject to reasonableness, not automatic removal, based on deed language and easement purpose.
Real Property – Commercial use of property violated Declaration of Covenants
The 4th Circuit affirmed that JBWK LLC violated the Declaration of Covenants by using property in Virginia Beach for a commercial tree nursery.
Fraud – Jury sides with couple in home construction case
A Fairfax jury awarded $1.029 million to a military family for fraud and false advertising by a Realtor and brokerage in a home construction dispute.
Property owners’ association invalid, cannot collect resident fees
The Court of Appeals of Virginia upheld that Terrace View Property Owner’s Association is invalid under the POAA and cannot collect fees from residents.
Realtor’s commission claim revived on appeal
Virginia Court of Appeals rules a city may owe a realtor commission after exercising a right of first refusal under the same terms of a private sale.
Contract: Realtor’s claim for commission is reinstated
Where a realtor alleged facts making it plausible that it was owed a commission, the circuit court erred when it granted a demurrer on this claim.
Real Property: Court orders partition by sale of real property
Where the circuit court ordered partition by sale, it did not err. Partition in kind cannot be conveniently made because the property was a residential townhouse. And the sale was in the parties’ best interest because it would resolve years of protracted litigation over the property, and both parties could recoup some of their investment.
Real Property: Operator can protect gas pipeline from mining operations
Where the operator of a gas pipeline sought to perform mitigation work to prevent the pipeline from being damaged by mining activities, and the owner of the land refused to allow access, the court entered an injunction allowing the operator to access the pipeline.
Verdicts & Settlements
- Medical Malpractice-Patient received spleen injury during colonoscopy
- Medical Malpractice – Patient suffers complications from improper cyst removal
- Motor Vehicle Negligence Henrico driver sustained wrist fracture in five-car collision
- Medical Malpractice-Patient dies following blood loss in surgery
- Motor Vehicle Negligence – Defense points to plaintiff’s prior collision, stressors
- Medical Malpractice – Ingrown toenail removal leads to CRPS type 2
- Motor Vehicle Negligence Rear-seat passenger injured when car hits telephone pole
- Motor Vehicle Negligence- Car crash after back surgery causes additional injuries
- Medical Malpractice – Jurors side with cardiologist over treatment of strokes
- Negligence and Tort- Ice pack use during tattoo removal causes frostbite
- Workers’ Compensation Struck by metal door at workplace, plaintiff sustains subdural hematoma
Opinion Digests
- Prisons – VDOC must respond to discovery requests
- Criminal – Spouses convicted of construction fraud
- Landlord and tenant – Tenant’s challenge to eviction is dismissed
- Tort – Lawsuit by ‘sting’ victim against conservative organization is dismissed
- Criminal – Defendant’s request to withdraw guilty plea is denied
- Employment – Fairfax County prevails on firefighter’s employment claims
- Prisons – Multiple experts precluded in suit over inmate’s death
- Criminal – District court sufficiently explained resentencing decision
- Criminal – Wealth of evidence supports firearm possession conviction
- Criminal – District court wrongly refused to order forfeiture
- Criminal – Man convicted of killing informant
- Negligence – Jury will decide if business was negligent in slip-and-fall case
