Free Newsletter
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.
Mortgages: Lawsuit over mortgage transaction is dismissed
Where most of the federal causes of action failed as a matter of law or were not ripe, and the court declined to exercise jurisdiction over any state claims that were actually ripe, the lawsuit was dismissed.
Conduct, testimony supported court’s easement decision
The Virginia Court of Appeals upheld a ruling that a long-established access easement was 20 feet wide, relying on chain-of-title records and testimony in a long property dispute.
Verdicts & Settlements
- Motor Vehicle Negligence- Motorcyclist hit by car suffers two broken wrists
- Medical Malpractice – Young patient commits suicide while on psychoactive drugs
- Motor Vehicle Negligence- Art teacher’s hand injured in collision
- Premises Liability- Gas grill explosion left mom with severe burn injuries
- Motor Vehicle Negligence – Crash video showed force of Tesla rear-end collision
- Motor Vehicle Negligence – 74-year-old injured in two-vehicle crash
- Employment- Arbitrator finds unfair labor practices by school
- Medical Malpractice- Gallbladder removal surgery results in reparative procedure
- Motor Vehicle Negligence – Car with mother, two children broadsided, rolled several times
- Motor Vehicle Negligence – Driver, passenger suffer injuries after truck crosses into lane
- Fraud – Jury sides with couple in home construction case
Opinion Digests
- Criminal – Man convicted for role in robbery that ends in murder
- Search & Seizure – Search of defendant’s backpack was not unlawful
- Criminal – Man convicted of strangling, assaulting and abducting his romantic partner
- Criminal – Woman ordered to pay victim $4,359.28 for vehicle damage
- Evidence – Court didn’t err in admitting unavailable witness’s testimony
- Criminal – Sexually violent predator recommitted to Commonwealth’s custody
- Criminal – Felon is convicted for unlawful possession of firearm
- Criminal – Evidence shows police would have inevitably found firearm
- Criminal – Evidence supports fentanyl possession/distribution conviction
- Search & Seizure – Defendant wasn’t entitled to copy of search warrant
- Search & Seizure – Officer didn’t improperly extend traffic stop
- Negligence- Court won’t limit expert testimony at alleged malpractice trial
