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 ...

Tagged with: Judge Carson E. Saunders Jr. Real Property Virginia Circuit Courts

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 ...

Tagged with: Judge Carson E. Saunders Jr. Real Property Virginia Circuit Courts

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 ...

Tagged with: Fairfax County Circuit Court Judge David A. Oblon Real Property Virginia Circuit Courts

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 ...

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

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 ...

Tagged with: Chief Justice Donald W. Lemons Real Property Supreme Court of Virginia

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 ...

Tagged with: Norfolk Circuit Court Real Property Virginia Circuit Courts

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 ...

Tagged with: Published Order Real Property Supreme Court of Virginia

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. ...

Tagged with: Judge David W. Lannetti Norfolk Circuit Court Real Property Virginia Circuit Courts

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 ...

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

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 ...

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