Petitioner lacks standing to challenge respondent governor’s executive orders issued in response to the COVID-19 pandemic. The petition for a writ of mandamus is denied. Standing Petitioner Marrs alleges various executive orders Governor Northam has issued in response to the ...

Tagged with: Civil Practice Supreme Court of Virginia

Where appellant’s jurisdictional statement did not “set forth ‘in what respect’” the Court of Appeals decision “involve[d] a substantial constitutional question as a determinative issue or matter of significant precedential value, the jurisdictional statement does not satisfy Rule 5:17(c)(2).” Appellee’s ...

Tagged with: Civil Practice Supreme Court of Virginia

Where a jury, after being instructed that the commonwealth had to prove its case by a preponderance of the evidence, determined that two members of a local electoral board should be removed from office, the trial court’s judgment on the ...

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

A county school board lacked authority to require appellants and other persons homeschooling their children to provide the children’s birth certificates and proof of residency in the county. Background Appellants, the Sosebees, homeschool their children. Appellee, the Franklin County Board ...

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

Even though the family of a patient who died of surgery complications settled a Kentucky personal injury claim against providers in that state, the family can still sue Virginia providers in a Virginia court for wrongful death. The claim is ...

Tagged with: Justice S. Bernard Goodwyn Medical Malpractice Personal Injury Supreme Court of Virginia

Where the decedent’s will conveyed his farm property and home to his children, subject to his wife residing in the home and collecting cell tower rent until she was no longer “physically and mentally able” to reside in the home, ...

Tagged with: Justice Teresa M. Chafin Supreme Court of Virginia Wills & Trusts

A town council could accept a conditional proffer from property owners seeking to lower a zoning district’s minimum mixed-use requirement from what is specified in the town’s zoning ordinance. Rezoning sought A group of property owners asked the Warrenton Planning ...

Tagged with: Justice Lawrence L. Koontz Jr. Real Estate Supreme Court of Virginia

Even though plaintiff settled wrongful death and personal injury claims against a medical defendant in Kentucky, that did not bar wrongful death and personal injury claims arising from the same injury against medical defendants in Virginia. Background Appellant Green is ...

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

Where the city of Virginia Beach refused to participate in the closing of an arena development agreement because appellant developer had not fully funded the project before closing on a construction loan, the circuit court properly determined that the city ...

Tagged with: Contract Supreme Court of Virginia

An obstructive act, in this case misrepresenting the value of stock, which occurred before an action for  conversion accrued, tolled the statute of limitations. The stock Appellant Mackey, a law partner in Dodson, Pence, Viar, Woodrum, and Mackey, left the ...

Tagged with: Civil Practice Justice William C. Mims Supreme Court of Virginia