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Tag Archives: Real Property

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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EDVA: Claiming nuisance, paper mill neighbors survive dismissal (access required)

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, ...

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Va. Cir.: Neighboring business was not entity’s registered agent (access required)

This court granted judgment by default against all three Defendants for $85,851, attorney’s fees, and costs. After the Plaintiffs attempted to execute the judgment several times, the Defendants moved to set aside the default judgment on four grounds. The court ...

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Va. Cir.: Country club wins second municipal tax challenge (access required)

For tax purposes, the City of Fairfax must assess Army Navy Country Club’s land as residential property and omit “improvements” (e.g. clubhouse, pool, tennis courts) that would be demolished in the event of residential development. Background This case challenges tax ...

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SCV: Shareholder suits need not make “futile” demands (access required)

The circuit court erred in in dismissing the plaintiff’s derivative action on the ground that the plaintiff had failed to first make a demand for the limited liability company to take action. No such demand is required when it would ...

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