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Tag Archives: Virginia Circuit Courts

Zoning Board failed to follow its own rules (access required)

Where the Board of Zoning Appeals granted reconsideration of its original decision beyond the seven-day deadline set by its by-laws, its subsequent decision was void. Background The Board of Zoning Appeals heard the landowners’ application on June 28, 2017, and ...

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Festival immune from personal injury claim (access required)

Because a Virginia statute immunizes a landowner if property is occupied for “recreational use” and the plaintiff benefitted from the charitable purpose of promoting the City of Suffolk, the court found the Suffolk Peanut Festival immune from plaintiff’s injury claim. ...

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Lenders enjoined from charging usurious interest (access required)

The court entered an order enjoining lenders, who deceived Virginia consumers through an illegal “pension sale” lending scheme and charged in excess of 12 percent interest in violation of the Virginia Consumer Protection Act, from collecting usurious interest and from further ...

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Wrongful death claim goes to court, not arbitration (access required)

In denying defendants’ motion to compel arbitration of a wrongful death claim relating to a nursing home patient, the court said it was not clear whether the deceased’s son signed the agreement as power-of-attorney and, in any event, the arbitration ...

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Attorney sanctioned for failing to investigate experts (access required)

A plaintiff’s attorney who named three doctors as experts in a personal injury case without speaking with them and knowing they would not appear at trial is liable for a portion of defense counsel fees. Background Plaintiff was employed by ...

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Parents’ claim for damages to child in utero dismissed (access required)

Parents’ claims for medical expenses incurred on behalf of a child injured in utero were barred, as such claims are derivative of a child’s personal injury claim, and in this case no claims were brought in the child’s name. Background ...

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Taxpayer failed to show assessments were erroneous (access required)

Where a taxpayer fails to show that county assessments were not arrived at in accordance with generally accepted appraisal practices, the county’s assessments stand and the taxpayer’s request for relief is denied. Background Petitioner alleged Fairfax County erroneously assessed land ...

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Small loan company exempted from consumer law (access required)

Although a consumer lender imposed interest rates in violation of certain statutes, the commonwealth cannot sue it under the Virginia Consumer Protection Act because the lender falls within the Act’s exclusion as a small loan company. Background Allied Title Lending ...

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