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Tag Archives: Virginia Circuit Courts

No personal liability in dirt-dumping case (access required)

Where plaintiff alleges that defendant trucking company breached a contract by dumping excessive amounts of dirt on her property, the trucking company’s owner cannot be held personally liable for damages. Further, under the “source of duty” rule, plaintiff cannot maintain ...

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Record partially sealed in nonsuited divorce case (access required)

Where wife filed a “salacious” divorce complaint, which she nonsuited after it was revealed the parties were already litigating a Florida divorce and custody action, husband’s motion to seal the record is granted in part. Overview Although the parties had ...

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Detainer order not result of extrinsic fraud (access required)

Where the Virginia Housing Development Authority obtained a district court detainer order that granted it possession of a house plaintiff was living in, plaintiff has pleaded insufficient facts to show the order was obtained by extrinsic fraud. The VHDA’s plea ...

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Oyer motion denied for criminal matter documents (access required)

Where plaintiff has sued defendant, his ex-wife, for malicious prosecution arising from five criminal warrants she swore out against him for trespass, and for a protective order issued against him, her demurrer is sustained. Plaintiff bases his complaint on defendant’s ...

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No fraud or unjust enrichment in home construction action (access required)

Where plaintiffs sued for return of their deposits paid for property and construction of a home, the court finds defendants did not violate the Virginia Consumer Protection Act, and were not unjustly enriched by retaining plaintiffs’ deposits. To prove fraud ...

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Some claims survive demurrer in easement case (access required)

Plaintiffs’ claim of a prescriptive easement to use defendants’ road survives demurrer because the complaint alleges exclusive and continuous use, from which plaintiffs’ use under claim of right is presumed. Because plaintiffs have stated a claim, they can seek permanent ...

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