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Tag Archives: Virginia Circuit Courts

Demurrer sustained in defamation action (access required)

Defendants’ demurrer in this defamation action is sustained because plaintiff has not sufficiently alleged that the complained-of statements were false. Alleged defamation Plaintiff Presler complains about five statements made in defendants’ advertisement: “a) Presler is the ‘leader of a local ...

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Court has jurisdiction over claim against county (access required)

Where Fairfax County has adopted by resolution its own polices and practices for the procurement of goods and services, the county is wholly exempt from Virginia’s Public Procurement Act. A contractor’s judicial review rights are determined with reference to the ...

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No property interest in demolished house (access required)

Plaintiffs lack the necessary property interest to raise constitutional and inverse condemnation claims arising from the city-ordered demolition of a fire-damaged building in a historical district. Background In 2015, Sinesi bought the Grandy House, which was built in 1901 and ...

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Vehicle correctly classified as autocycle in HOV case (access required)

Where defendant was convicted in district court for driving his autocycle in a high occupancy vehicle lane, the commonwealth did not violate the Supremacy Clause by classifying his vehicle as an autocycle rather than a motorcycle, which can be operated ...

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Short-term home rentals violate zoning ordinance (access required)

The Fairfax Board of Zoning Appeals correctly upheld the county zoning administrator’s violation notice to petitioners, who were making short-term rentals of their residential home. Violation notice Petitioners own a home in a district zoned for “dwellings.” The applicable ordinance, ...

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Treasurer’s ordinance challenge goes forward (access required)

Where a city charter provides that the treasurer is the custodian of municipal funds, and the city council passed an ordinance giving that authority to the city’s tax collector instead, the court denies defendants’ demurrer to the treasurer’s complaint that ...

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Ineffective assistance warrants habeas relief (access required)

Petitioner is entitled to have her plea-based petit larceny conviction vacated because counsel did not advise her of the consequences the plea could have on her immigration status. Facts Petitioner, born in El Salvador, became a lawful permanent United States ...

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Denying visitation petition would not harm child (access required)

Even though petitioner is a “person with a legitimate interest” in visitation with respondent’s minor child, the visitation petition is denied. For a court to award a non-parent visitation over a parent’s objection, there must be clear and convincing evidence ...

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