Where defendant has moved for a temporary injunction to bar plaintiff’s foreclosure action, the motion is denied. Defendant is not likely to succeed on the merits because the action was timely filed. Background Defendant Thoburn Limited Partnership, by a deed ...

Tagged with: Fairfax Circuit Court Judge Richard E. Gardiner Real Estate Virginia Circuit Courts

Where the Virginia Department of Transportation seeks to condemn respondents’ property for stream mitigation in connection with a highway construction project, respondents’ demurrer based on VDOT’s alleged lack of authority to do so is denied. Background Respondents in these consolidated ...

Tagged with: Buchanan County Circuit Court Judge Patrick R. Johnson Real Estate Virginia Circuit Courts

Where the Virginia Department of Transportation seeks to condemn respondents’ property for wetlands mitigation in connection with a highway construction project, the court has subject matter jurisdiction over the case. VDOT is proceeding under its eminent domain power. Overview A ...

Tagged with: Buchanan County Circuit Court Judge Patrick R. Johnson Real Estate Virginia Circuit Courts

Plaintiff may file his inverse condemnation claim in circuit court without first presenting it to the Fairfax County Board of Supervisors. Code § 15.2-1248 does not make presentation to the county supervisors a requisite before filing in circuit court. Moreover, ...

Tagged with: Fairfax County Circuit Court Judge Grace Burke Carroll Real Estate Virginia Circuit Courts

Where defendants have demurred to plaintiffs’ claims arising from the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, the demurrers are overruled in part. Overview In 1887, landowners granted a ...

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

Where appellant sought a partition of a home she and her siblings inherited, the trial court correctly ruled that she could not obtain an attorney’s fee under the partition statute from her unrepresented siblings. Background In 2012, despite their deceased ...

Tagged with: Justice Cleo E. Powell Real Estate Supreme Court of Virginia

Where plaintiffs, who own property near a statue of Robert E. Lee on Monument Avenue in the city of Richmond, seek an injunction to bar the governor’s decision to remove the statue, a temporary injunction is issued. Plaintiffs have established ...

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

Where plaintiff seeks to permanently enjoin the governor’s decision to remove a statue of Robert E. Lee from Monument Avenue in the city of Richmond, a permanent injunction will not issue, and the temporary injunction blocking the removal is dissolved ...

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

Respondent’s board of zoning appeals incorrectly denied petitioners a setback variance to replace a deck at their residential home with a screened porch. Background Petitioners own a home on a corner lot in Vienna, Virginia. The lot is wider than ...

Tagged with: Fairfax County Circuit Court Judge Randy I. Bellows Real Estate Virginia Circuit Courts

Where a pipeline company sought a declaration that it satisfied statutory requirements to enter appellant’s land to survey it, appellant’s counterclaim for trespass lacks merit. A trespass claim raised in his motion for summary judgment will not be addressed because ...

Tagged with: Real Estate Supreme Court of Virginia