A trio of homeowners who share a private access easement with a wildlife center for predatory birds have standing to challenge a special use permit which expanded the center and allegedly increased traffic, the Virginia Supreme Court has held. A ...

Tagged with: Supreme Court of Virginia Zoning

The Virginia Supreme Court has affirmed a ruling that the establishment of a commuter route did not trigger a shopping center owner’s obligation to contribute $500,000 under a zoning proffer for public transportation. “The County’s argument that voluntary conditional proffers ...

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

A city’s tax ordinance does not apply to a freelance writer because he does not provide a service and his business is not covered by the ordinance’s catchall provision. Overview Corban Klug owns Regulus Books. Regulus is the holding company ...

Tagged with: Justice LeRoy F. Millette Jr. Supreme Court of Virginia Taxation

Appellant property owners living within or near a private easement have standing to challenge a special use permit that, the owners allege, will increase traffic on the easement, resulting in “particularized” harm. The circuit court erred by concluding appellants lack ...

Tagged with: Justice Teresa M. Chafin Real Estate Supreme Court of Virginia

Where appellants petitioned the circuit court to review the Board of Zoning Appeal’s unfavorable decision, references in the petition to “Roanoke City and the City of Roanoke” cannot be reasonably understood to include the city council. Because appellants did not ...

Tagged with: Civil Procedure Supreme Court of Virginia

The Supreme Court of Virginia has asked the state health commissioner to re-evaluate an application for a certificate of public need, or COPN, from Chesapeake Regional Medical Center for a new open-heart surgery service and cardiac catheterization equipment. The decision ...

Tagged with: Justice Lawrence L. Koontz Jr. Justice Stephen R. McCullough Supreme Court of Virginia

Where a transit proffer agreement conditioned a landowner’s liability for payments upon the county extending public transportation to the landowner’s development project, the agreement cannot be enforced. Although the county extended public transportation, there is no nexus between the extension, ...

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

Where the Fairfax County Board of Zoning Appeals approved a treatment center for teenage girls that would operate from a house, neighbors who live or own property next to the proposed center have standing to challenge the BZA’s decision. Background ...

Tagged with: Civil Practice Justice Stephen R. McCullough Supreme Court of Virginia

Where plaintiff nonsuited her personal injury claim because she named the wrong defendant, her new action, filed outside the statute of limitations, does not relate back to her original complaint. Overview On June 25, 2017, Edwards, the plaintiff, sued for ...

Tagged with: Civil Practice Judge Wesley G. Russell Jr. Supreme Court of Virginia

The denial of a trustee’s motion to compel arbitration pursuant to a clause in the trust has been affirmed by the Virginia Supreme Court. The court concluded that a trust is not a contract subject to mandatory arbitration under the ...

Tagged with: Justice Stephen R. McCullough Supreme Court of Virginia