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Tag Archives: Real Estate

Restrictive covenants cannot be enforced in statue removal case (access required)

The commonwealth has the authority to remove a state-owned monument from state owned property. The monument is a form of government speech. To the extent that the document conveying the property to the state and a legislative resolution accepting the ...

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No injunction to ensure compliance with SCV ruling (access required)

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 ...

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Ferry operator breached licensing agreement (access required)

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 ...

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Demurrers sustained in real estate contract case (access required)

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 ...

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Unapproved site plan excluded in taking case (access required)

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 ...

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