A law firm gets to keep $130,000 in attorney’s fees after a sale of real estate as part of a disputed estate case; the Supreme Court of Virginia says the circuit court had jurisdiction to distribute the fee as part ...

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

In this dispute of recent vintage between neighbors over a shared driveway, the Richmond Circuit Court holds that each party is mutually enjoined from unreasonably interfering with the other with respect to access to their respective properties, and neither may ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Richmond Circuit Court Virginia Circuit Courts

In this subrogation case, the Richmond Circuit Court overrules a landlord’s demurrer to a claim that it is ultimately liable for the alleged negligence of defendant roofing company that allegedly caused water and debris damage to the lessee. Generally, a ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Richmond Circuit Court Virginia Circuit Courts

A Richmond Circuit Court dismisses plaintiff homeowner’s RICO claim asserted as a basis for setting aside a foreclosure sale, without leave to amend, and denies defendants’ motion to sanction plaintiff under Va. Code § 8.01-271.1 for pursuit of this claim. ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Richmond Circuit Court Virginia Circuit Courts

In the latest round of this years-long dispute over a billboard sign located on the tip of Mayo Island in the city of Richmond, a Richmond Circuit Court upholds a decision by the board of zoning appeals denying appellants’ request ...

Tagged with: Judge Melvin R. Hughes Jr. Real Estate Richmond Circuit Court Virginia Circuit Courts

Here’s how missing the Super Bowl can get your case into federal court. Residents of two NoVa subdivisions chafed under contracts that said they could subscribe to one, and only one, cable provider. The folks in Lansdowne on the Potomac, ...

Tagged with: Federal Courts Judge Anthony J. Trenga Judge Diana Gribbon Motz Judge Gerald Bruce Lee Real Estate

A cable provider’s exclusive contract to provide cable services to a real estate development violated an FCC order that prohibited such exclusivity arrangements, and the 4th Circuit affirms judgment for the homeowners’ association that successfully challenged the contract. Codified at ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Real Estate

A Charlottesville U.S. District Court says that because the Fair Debt Collection Practices Act is not incorporated into the terms of the Deed of Trust, a violation of the FDCPA cannot support a claim for breach of that agreement, and ...

Tagged with: Judge Norman K. Moon Real Estate U.S. District Court - Western District

An architectural firm hired to provide design services for the proposed National Slavery Museum cannot enforce a judgment lien on property owned by the museum in Fredericksburg; the Richmond U.S. District Court says there is no controversy ripe to support ...

Tagged with: Judge James R. Spencer Real Estate U.S. District Court - Eastern District

A plaintiff who defaulted on her home loan and complained about an inflated appraisal, unfair loan terms and a rushed loan closing may sue the lender for fraud under state law, as that claim is not preempted by the federal ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Allyson K. Duncan Real Estate