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 ...

Tagged with: Justice D. Arthur Kelsey Real Estate Supreme Court of Virginia

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 ...

Tagged with: Justice Cleo E. Powell Justice Elizabeth A. McClanahan Justice S. Bernard Goodwyn Justice Stephen R. McCullough Real Estate Supreme Court of Virginia

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 ...

Tagged with: Criminal Justice D. Arthur Kelsey Justice LeRoy F. Millette Jr. Justice William C. Mims Supreme Court of Virginia

On remand from a prior appeal, the trial court erred by finding that appellant failed to prove a successor liability claim by a preponderance of the evidence. Overview In a previous phase of this case, the circuit court awarded appellant ...

Tagged with: Business Law Order Supreme Court of Virginia

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 ...

Tagged with: Justice D. Arthur Kelsey Justice Stephen R. McCullough Personal Injury Supreme Court of Virginia

Where plaintiff sued defendant for defamation and did not respond to defendant’s demurrer, in which she argued that he did not properly allege a defamation claim, plaintiff cannot now argue otherwise on appeal. Facts Brayboy sued Durrette, who worked at ...

Tagged with: Civil Practice Order Supreme Court of Virginia

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 ...

Tagged with: Criminal Justice Cleo E. Powell Justice D. Arthur Kelsey Supreme Court of Virginia

The trial court correctly ruled that a defense expert in this medical malpractice case could be questioned about findings and conclusions in a medical board disciplinary consent order. Further, two mistrial motions were properly denied because any prejudice from the ...

Tagged with: Medical Malpractice Published Order Supreme Court of Virginia

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 ...

Tagged with: Civil Practice Justice Elizabeth A. McClanahan Supreme Court of Virginia

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 ...

Tagged with: Civil Procedure Justice Cleo E. Powell Supreme Court of Virginia