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Tag Archives: Real Estate

4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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EDVA: Fees awarded in Va. Beach neighborhood suit (access required)

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel ...

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Va. Cir.: Rescission timeline unaltered by incomplete disclosures (access required)

Prospective buyers had only three days to rescind a purchase agreement after receiving the statutorily-required property owners’ association disclosures. The rescission period is not extended due to incomplete information in the disclosures as submitted. Background Plaintiffs Liam and Brandee Daly ...

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SCV: Jury should have heard from both valuation experts (access required)

In a takings dispute as to the damage value to the remainder property, the trial court erred in excluding only the government’s appraiser, when the property owner’s expert’s opinion was admitted without a superior basis. Background In 2014, the Commissioner ...

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WDVA: Landowners helping tree-sitters held in contempt (access required)

Farmers held to be working in concert with anonymous people in trees for the purpose of blocking construction of a pipeline, in violation of a prior order of the court, are in contempt of court and subject to fines. Background ...

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Va. Cir.: Terminal owner struggles to prove property values (access required)

The owner of a tract of land housing a marine container terminal challenged municipal tax assessments on both real and personal property. Neither party presented credible expert testimony on real property value, and the court rejected the owner’s calculation of ...

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Va. Cir.: No violation for “use” when rule targets “facilities” (access required)

A property owner couldn’t be convicted of providing free waterskiing lessons to disabled veterans without having obtained a conditional use permit, as the cited zoning ordinance spoke to recreational “facilities” rather than uses. Background Defendant Witchduck Lake Enterprises Inc. is ...

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EDVA: Party thwarting jurisdiction not “fraudulently joined” (access required)

Because the plaintiff stated a claim against the only defendant to share her citizenship – the substitute trustee that executed foreclosure on her home – the court lacked diversity jurisdiction, and remand to state court was required. Background Plaintiff Norma ...

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SCV: “Infinity” value made formula unenforceable (access required)

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

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