Tag Archives: Supreme Court of Virginia

Challenge to local court rule denied (access required)

A writ of prohibition does not lie to challenge certain local court rules of the 17th Judicial Circuit. Background “Petitioner is the Commonwealth’s Attorney for Arlington County and the City of Falls Church. On March 4, 2020, the judges of ...

Read More »

Unapproved site plan excluded in taking case (access required)

Where the highway commissioner sought to take property for a road improvement project, the trial court properly excluded a landowner’s testimony and an unapproved 10-year-old site plan to establish compensation for the taking. Background Palmyra Associates owned a 44-acre unimproved ...

Read More »

Harmless error in foreclosure case (access required)

Even though the trial court granted the appellees’ pleas in bar without allowing appellant to present evidence in this foreclosure challenge case, the error was harmless. Appellant’s failure to accept a permanent loan modification “severed the connection” between the lending ...

Read More »

‘Fair market value’ insufficient to compel specific performance (access required)

Where the decedent’s will gave her son an option to purchase real estate devised to her three daughters at “fair market value” within one year of the probate of her will, the term “fair market value” is not a “sufficiently ...

Read More »

Oyster farmers cannot bring inverse condemnation claim (access required)

Where petitioners lease oyster grounds from the commonwealth, the circuit court correctly dismissed their inverse condemnation claim, which alleged that municipal sewage discharges polluted the water in which they raise oysters. Overview Petitioners lease publicly owned bottomland in the Nansemond ...

Read More »

Cross-exam about payments to expert improperly excluded (access required)

Where the trial court required plaintiff to show a “direct relationship” between a defense expert and defendant’s insurer before allowing the expert to be cross-examined on his prior financial relationship with the insurer, this was error. Caselaw provides that the ...

Read More »