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 ...

Tagged with: Criminal Judge Brett A. Kassabian Virginia Circuit Courts

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, ...

Tagged with: Civil Practice Judge Douglas L. Fleming Jr. Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge David A. Oblon Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Fairfax County Circuit Court Judge Brett A. Kassabian Virginia Circuit Courts

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 ...

Tagged with: Criminal Judge Charles N. Dorsey Roanoke Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge Everett A. Martin Jr. Norfolk City Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Domestic Relations Fairfax Circuit Court Judge David A. Oblon Virginia Circuit Courts

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 ...

Tagged with: Civil Practice Judge David W. Lannetti Norfolk Circuit Court Virginia Circuit Courts

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 ...

Tagged with: Chesterfield Circuit Court Civil Practice Judge Frederick G. Rockwell III Virginia Circuit Courts

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 ...

Tagged with: Judge Joel P. Crowe Personal Injury Portsmouth Circuit Court Virginia Circuit Courts