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Tag Archives: Real Property

Sinkhole gives rise to condemnation claim (access required)

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 ...

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Tax payments did not create right to illegal property use (access required)

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 ...

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Important Opinions January – December 2018 (access required)

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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, ...

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Va. Cir.: Special warranty conveyance preserves interest in condos (access required)

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 ...

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EDVA: Widow’s foreclosure claims don’t show breach of contract (access required)

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 ...

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SCV: Auto graveyard affirmed as lawful non-conforming use (access required)

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 ...

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EDVA: FDCPA claim viable against lender, servicer (access required)

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 ...

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SCV: Church merger raised issues of contract, not religion (access required)

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 ...

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WDVA: Pipeline construction run-off doesn’t merit injunction (access required)

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 ...

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