Quantcast

Tag Archives: Virginia Circuit Courts

Use of force was objectively reasonable (access required)

The court grants defendant police officer’s plea in bar, based on qualified immunity, to plaintiff’s excessive force claim because his use of force was objectively reasonable under the circumstances. Background Defendant Stinger, a uniformed Richmond police officer, was on an ...

Read More »

VDOT can condemn land for stream mitigation (access required)

Where the Virginia Department of Transportation seeks to condemn respondents’ property for stream mitigation in connection with a highway construction project, respondents’ demurrer based on VDOT’s alleged lack of authority to do so is denied. Background Respondents in these consolidated ...

Read More »

Court has jurisdiction to hear wetlands mitigation case (access required)

Where the Virginia Department of Transportation seeks to condemn respondents’ property for wetlands mitigation in connection with a highway construction project, the court has subject matter jurisdiction over the case. VDOT is proceeding under its eminent domain power. Overview A ...

Read More »

Reduced income warrants lower support payments (access required)

Where husband’s income from his chiropractic practice has declined, this is a material change in circumstances that justifies a reduction in his support payments to plaintiff wife. Background Dr. Wichin, upon reaching full retirement age and experiencing a reduction in ...

Read More »

Inverse condemnation suit proper in circuit court (access required)

Plaintiff may file his inverse condemnation claim in circuit court without first presenting it to the Fairfax County Board of Supervisors. Code § 15.2-1248 does not make presentation to the county supervisors a requisite before filing in circuit court. Moreover, ...

Read More »