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Tag Archives: Supreme Court of Virginia

Owners’ association holiday decoration rules unenforceable (access required)

A homeowner association’s seasonal decoration guidelines exceeded its declaration of restrictive covenants and are thus unenforceable. The circuit court’s judgment, which upheld fines imposed against appellant property owners for violating the guidelines, and which awarded attorney fees and costs, is ...

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Rezoning evidence admissible in taking case (access required)

Evidence of the probability that appellant’s farmland would be rezoned for commercial use was admissible in this condemnation case to determine the compensation due for land taken to construct a highway interchange. Background The highway commission sought to take a ...

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Cocaine found during ‘Terry’ stop admissible (access required)

Defendant’s actions while seated in his car – digging between and beneath the seats and behind him with his hands – gave police a reasonable suspicion that he was reaching for a weapon, which justified removing defendant from his car ...

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Jury should have heard scope of employment issue (access required)

Where the trial court ruled, without hearing any evidence on the matter, that a nursing assistant was within the scope of his employment when he molested and raped an elderly nursing home resident, the trial court erred by removing this ...

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‘Batson’ challenge properly rejected in murder case (access required)

Where counsel made a Batson challenge after the Commonwealth used a peremptory strike to excuse an African-American juror from defendant Bethea’s retrial on a first-degree murder charge, the lower courts correctly determined the strike was not racially motivated. Defendant’s conviction ...

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Jury instruction error in defamation case (access required)

A defamation verdict against appellant is reversed because three statements submitted to the jury had previously been ruled as nonactionable statements of opinion. Background Handberg retained Goldberg to advocate for his son, who attended Loudon County Public Schools. Goldberg supplemented ...

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Altered assignments of error disapproved in trust case (access required)

Even though appellant altered her assignments of error after her appeal petition was granted, the appeal will be heard. The original assignments of error were adequately addressed on brief. As to the merits, the circuit court incorrectly delegated its authority ...

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