A condo developer successfully petitioned to invalidate a subcontractor’s mechanic’s lien on the individual condos after the general contractor reportedly went bankrupt. Though it had sold all the condos, the developer had standing to bring the petition by virtue of ...

Tagged with: Construction Judge Jeanette A. Irby Loudoun County Circuit Court Real Estate Real Property Virginia Circuit Courts

The City of Virginia Beach, which intended to perform dredging in the Lynnhaven River as a matter of public interest, could not do so in an area where a citizen had obtained a riparian lease for oysters. The City claimed ...

Tagged with: Administrative Judge Richard Y. AtLee Jr. Municipal Real Property Virginia Court of Appeals

A plaintiff allegedly trying to assume the loan obligations on a home owned by her late husband did not plausibly allege facts to support her breach-of-contract claims against the lender. The entity that conducted the foreclosure sale was dismissed as ...

Tagged with: Banking Contract Judge M. Hannah Lauck Mortgage Real Estate Real Property U.S. District Court - Eastern District

The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that ...

Tagged with: Justice S. Bernard Goodwyn Municipal Real Property Supreme Court of Virginia Zoning

Despite skepticism about a plaintiff-debtor’s ultimate chances, the court declined to dismiss his Fair Debt Collection Practices Act claim alleging that his mortgage lender and loan servicer intentionally lied to him about whether a home foreclosure was scheduled. Background In ...

Tagged with: Consumer Reporting Judge John A. Gibney Jr. Mortgage Real Estate Real Property U.S. District Court - Eastern District

A circuit court had jurisdiction to decide a merger dispute between two churches. Resolution centered on the parties’ merger agreement, not their religious doctrines or other ecclesiastical questions. Background After falling behind on its mortgage payments, Pure Presbyterian Church of ...

Tagged with: Constitutional Contract Declaratory Judgment First Amendment Justice Stephen R. McCullough Real Property Supreme Court of Virginia

Rain-induced sediment flows that have overcome Mountain Valley Pipeline’s erosion controls might not recur in the future, especially in light of heightened oversight by state and federal agencies. Therefore, preliminary injunctive relief is not appropriate. Background The Plaintiffs are landowners ...

Tagged with: Environmental Judge Elizabeth K. Dillon Real Estate Real Property Tort U.S. District Court - Western District

West Point residents stated viable nuisance and trespass claims against a paper mill near their properties. The plaintiffs alleged that wood dust invades the air in their homes and cars, even with windows closed. Background In downtown West Point, Virginia, ...

Tagged with: Environmental Judge John A. Gibney Jr. Real Estate Real Property Tort U.S. District Court - Eastern District

The “Important Opinions” that appear each week on the front page of Virginia Lawyers Weekly are those chosen by our editors as the most likely to impact law practice or a given subject area of law. Below is a listing, ...

Tagged with: 4th U.S. Circuit Court of Appeals Administrative Banking Bankruptcy Civil Procedure Civil Rights Commercial Constitutional Consumer Protection Contract Corporate Criminal Domestic Relations Employment Evidence Federal Jurisdiction First Amendment Government Immigration Intellectual Property Personal Injury Real Property Search & Seizure Supreme Court of Virginia Traffic U.S. District Court - Eastern District U.S. District Court - Western District Virginia Circuit Courts Virginia Court of Appeals Wills & Trusts

The trial court did not err in concluding that Code § 56-49.01(A) allows a natural gas company to gain access to private property for the purpose of conducting surveys and other activities, even if it can show that these activities ...

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