Where the owners of an easement over a riparian area were not made parties to litigation involving the land that was subject to the easement, the circuit court’s judgment in that litigation is void. Because the litigation involved the easement ...

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

Where appellant did not argue in the trial court that a statute barred the admission of certain testimony during the sentencing phase of his trial, his appeal, based on his statutory argument, is procedurally defaulted under Rule 5:25. At sentencing ...

Tagged with: Criminal Supreme Court of Virginia

Where a judge had a mistrial declared on his behalf after he was physically unable to continue presiding over a criminal trial, defendant’s objection to the mistrial, based on the fact his witnesses were present and he was ready to ...

Tagged with: Criminal Supreme Court of Virginia

Sovereign immunity bars appellant’s suit to enjoin the Virginia Department of State Police from denying his application to buy firearms. Background Appellant Gobble filled out the required forms to purchase several firearms. The VSP reviewed the forms and denied Gobble ...

Tagged with: Civil Practice Supreme Court of Virginia

Where a shipyard sought to admit evidence on damages arising from a proposed easement through its property for an underground natural gas pipeline, the trial court granted the gas company’s motion to exclude the evidence on two grounds: that the ...

Tagged with: Civil Practice Supreme Court of Virginia

The Supreme Court of Virginia will resume in-person oral argument at the start of 2022, according to a press release from the court. The move comes with a multitude of protocols intended to limit the spread of COVID-19 as the ...

Tagged with: Supreme Court of Virginia

Supreme Court of Virginia Chief Justice Donald W. Lemons will step down from his role as chief justice at the end of the year, according to a press release from the court. Justice S. Bernard Goodwyn has been elected by ...

Tagged with: Chief Justice Donald W. Lemons Judges Supreme Court of Virginia

A Virginia State Bar committee has reported recommendations to the General Assembly for 15 candidates for a pending vacancy on the Supreme Court of Virginia. The VSB’s Judicial Candidate Evaluation Committee, or JCEC, rated the candidates as “qualified” or “highly ...

Tagged with: Judges Supreme Court of Virginia Virginia State Bar

Where the parties’ indemnity agreement capped payments at $4.9 million, the trial court’s award of more than $1 million in attorney fees and costs to the prevailing party, which exceeded the cap, is reversed. The prevailing party is awarded $24,999.94 ...

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

Where a county’s expert testified that two tax assessments were more than the property’s fair market value, the property owner overcame the presumption that a taxing authority’s assessment is presumed to be correct. Assessments and opinions In 1988, CSHV leased ...

Tagged with: Supreme Court of Virginia Taxation