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Real Property

Mold in apartment
Feb 20, 2023

‘Almost identical’ mold torts survive

Claims that a tenant and her children suffered lasting health consequences due to her landlord’s negligent failure to remediate mold have survived dismissal. It was a relatively simple decision for the trial court. The facts were nearly identical to a decision from Virginia’s high court, which held that a landlord’s statutory duty to remediate mold […]

Feb 4, 2023

Mold in rental house claim goes forward

Where plaintiff claims defendant landlord did not remediate mold in her rental house from a leaky air conditioner that caused health problems for her and her children, recent Virginia Supreme Court precedent requires that defendant’s demurrers to the claims are overruled. On point precedent “It is not often that a case brought before this court […]

Oct 26, 2020

Owners enjoined from parking truck on property

After receiving notice to remove a truck from their property, defendant provided insufficient evidence that he successfully converted the truck from an impermissible commercial vehicle into a permissible recreational vehicle. As a result, an injunction will issue compelling defendant to remove the truck. Background After receiving a complaint that the Morgans, the defendants in this […]

Aug 23, 2019

Challenge to rezoning after annexation denied

Defendant city’s rezoning of plaintiff’s property after an annexation was not void ab initio. Further plaintiff had no vested right to use the property in a particular way. As a result, plaintiff cannot complain that it was deprived of a right without procedural due process. Background Plaintiff Bragg Hill owned land in Spotsylvania County and […]

Jul 29, 2019

Jury must decide whether trespass claim was timely

Where plaintiff claims defendants’ underground sprinkler system damaged her property and that they have interfered with her easement rights, the timeliness of plaintiff ‘s trespass and nuisance claims are a jury issue. Further, the circuit court erred when interpreting the scope of the easements. Background Robinson, who owns 404 Duke Street, sued her neighbors, the […]

Apr 25, 2019

Dock interferes with plaintiff’s riparian rights

Defendants’ pier, which they constructed from their shoreline to the navigable waterway of a river, must be removed to the extent that it interferes with the riparian rights belonging to plaintiff’s property. Background Plaintiff Smith and defendants, the Popes, own adjacent parcels of land that abut the Lafayette River in Norfolk. While Smith was out […]

Apr 10, 2019

Order confirming just compensation award was final for appeal purposes

The 30-day period in which to appeal a jury’s just compensation award in this condemnation case began to run when the circuit court entered its order confirming the award. The confirmation order is the final order in the case under Code § 25.1-239.  The fact that the order stated “the [c]ourt shall retain jurisdiction” over […]

Mar 8, 2019

Rescission is available remedy to wrongful foreclosure claim

Where the Virginia Housing Development Authority bought plaintiff’s home at a foreclosure sale, he has stated a rescission claim by alleging the VHDA knew or should have known of an alleged deed of trust violation when it bought the home. Background The VHDA held the loan on plaintiff Kingsley Azubuike Ononuju’s home. Ononuju told the […]

Jan 12, 2019

Sinkhole gives rise to condemnation claim

An oil-change company seeking to recover lost profits after access to its business was limited by the county’s alleged unreasonable delay in repairing a sinkhole has sufficiently pleaded an inverse condemnation claim. Overview Plaintiff PM Lube operates an oil change service in a shopping center. Plaintiff sought a declaration that defendant Loudoun County was liable […]

Jan 12, 2019

Tax payments did not create right to illegal property use

The circuit court incorrectly ruled that respondent property owners who paid property taxes for more than 15 years acquired a vested right to continue their illegal use of two buildings. Code § 15.2-2307(D) provides that buildings or structures may not be declared illegal or subject to removal after the owner has paid taxes for 15 […]

Dec 26, 2018

Important Opinions January – December 2018

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, arranged by practice area, of the most Important Opinions of 2018, January to June. ADMINISTRATIVE […]

Aug 27, 2018

Va. Cir.: Special warranty conveyance preserves interest in condos

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 the special warranty it included in each conveyance. Background Petitioner Leesburg Building Partners LLC seeks […]

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