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Tag Archives: Virginia Circuit Courts

No prejudice from delayed release of exculpatory evidence (access required)

The court denies defendant’s motion to dismiss, based on, among other things, the commonwealth’s delayed identification of experts it consulted who supported defendant’s theory of the case. Defendant has shown no prejudice from the delay as there it is still ...

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Developers enjoined from changing agreement (access required)

Where plaintiff seeks injunctive relief to prevent defendants’ breach of the parties’ agreement to develop their parcels according to a common plan, the court grants a preliminary injunction that bars defendants from altering the agreement. Background Plaintiff, Comstock Loudoun Station, ...

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Demurrer not permitted when circuit court hears appeal (access required)

The Fairfax County Board of Supervisors may not demur to a petition for a writ of certiorari appealing a decision of the county’s Board of Zoning appeals. Overview Harmony Hill Equestrian Center received an unfavorable decision from the county BZA ...

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Court can hear challenge to pastor’s confirmation (access required)

Where members of the Heritage Fellowship Church allege that its board of directors manipulated voter rolls after a failed attempt to confirm a senior pastor by lowering the number of votes needed for the necessary two-thirds majority, and accordingly declared ...

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Amended vehicle stop statute is procedural change (access required)

Where statutes were amended to prevent police officers from stopping vehicles solely for expired registrations and certain equipment violations, and provide that any evidence from such a stop must be suppressed, the change is procedural. As such, it will be ...

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Mechanic’s lien without suit is not abuse of process (access required)

The filing of a mechanic’s lien, without an accompanying enforcement action, does not give rise to a claim for abuse of process because no judicial authority is involved. Defendants’ demurrer to this claim is sustained. Overview The “narrow issue” in ...

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Court will not unseal mother’s expunged criminal records (access required)

In this custody dispute, where petitioner-father seeks to unseal mother’s expunged criminal records and to intervene in pending expungement proceedings, the court denies petitioner’s motions. Father seeks the sealed records as evidence the court should consider when determining the best ...

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Railroad’s inconvenient forum motion denied (access required)

Where defendant railroad company has moved to dismiss plaintiff’s injury claim brought under the Federal Employers’ Liability Act based on an inconvenient forum, the motion is denied. Defendant has not established “substantial inconvenience” to the likely witnesses at trial. Background ...

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Claims go forward in predatory abuse case (access required)

Where plaintiffs, members of a church youth group, have sued a church, several church organizations and individual defendants for claims arising from a “sustained pattern of predatory abuse,” the bulk of the various defendants’ demurrers are overruled. Background Plaintiffs initially ...

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‘Feres’ doctrine does not bar suit between service members (access required)

Where plaintiff, an active member of the U.S. Navy, sued defendant, also an active navy member, for injuries sustained in a car accident, defendant is not immune from suit under the Feres doctrine because plaintiff’s injuries were not “incurred incident ...

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