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

Where defendant homeowners ultimately prevailed in the Virginia Supreme Court against plaintiff homeowners association’s enforcement of a holiday lighting policy, defendants are not entitled to an injunction to ensure defendant’s compliance with the ruling. Background In a previous phase of ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

Where defendant ferry service breached a license agreement by relocating a retaining wall without the required permission from plaintiff landowner, the court awards damages and enjoins defendant’s further use of the property. However, plaintiffs’ unjust enrichment claim fails because they ...

Tagged with: 20th Circuit Court Judge Stephen Sincavage Real Estate Virginia Circuit Courts

Defendant’s demurrer to plaintiff’s suit for specific performance of a contract involving real estate is sustained. The contract cannot be read as giving plaintiff the right to buy the property at any time. Plaintiff’s other claims against defendant are either ...

Tagged with: 20th Circuit Court Judge Jeanette A. Irby Real Estate Virginia Circuit Courts

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 ...

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

Even though the trial court granted the appellees’ pleas in bar without allowing appellant to present evidence in this foreclosure challenge case, the error was harmless. Appellant’s failure to accept a permanent loan modification “severed the connection” between the lending ...

Tagged with: Real Estate Supreme Court of Virginia

Where the decedent’s will gave her son an option to purchase real estate devised to her three daughters at “fair market value” within one year of the probate of her will, the term “fair market value” is not a “sufficiently ...

Tagged with: Justice S. Bernard Goodwyn Real Estate Supreme Court of Virginia

Where decedent held property with two others as joint tenants with right of survivorship, decedent interest passed by operation of law to the other joint tenants, and the bank holding decedent’s car loan cannot seek to satisfy the loan from ...

Tagged with: Floyd County Circuit Court Judge K. Mike Fleenor Jr. Real Estate Virginia Circuit Courts

Where plaintiffs seek to permanently enjoin the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, the temporary injunction blocking the removal is dissolved but the court will stay the order ...

Tagged with: Judge W. Reilly Marchant Real Estate Richmond City Circuit Court Virginia Circuit Courts

A previous case brought by landowners to establish the location of an express easement over a business’s property, which resulted in an adverse ruling for the landowners, is res judicata with respect to their current claim that they have an ...

Tagged with: Real Estate Supreme Court of Virginia