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Tag Archives: Virginia Circuit Courts

Kentucky settlement bars action for same injury (access required)

Plaintiff estate’s settlement of a Kentucky personal injury claim precludes Virginia litigation to recover for the same injury Even though Kentucky law allows recovery under both person injury and wrongful death theories, Virginia law only allows one recovery for the ...

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Zoning amendment regarding short-term leases is reasonable (access required)

Where plaintiffs claim a right to make short-term leases (STLs) of their residential homes through online platforms and allege that Fairfax County unreasonably amended its zoning ordinance regarding STLs by not considering the amendment’s effect on plaintiffs’ by-right use of ...

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Fraudulent concealment tolls statute of limitations (access required)

Where a defendant affirmatively acts to conceal a cause of action, the statute of limitations is tolled until the concealment is discovered, and it is immaterial whether the cause of action has accrued when the intentional, fraudulent concealment occurs. In ...

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Long litigation waives arbitration provision (access required)

Where defendants, who are minority shareholders, have litigated for six years concerning access to plaintiff’s corporate records, defendants cannot invoke an arbitration provision after plaintiff sought declarative and injunctive relief concerning its rights and responsibilities to defendants. Defendants have waived ...

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Condo owners cannot contest development decision (access required)

Plaintiffs, who are individual members of a condominium owners association, lack standing to challenge Fairfax County’s decision to approve defendants’ application to undertake a townhouse development project adjacent to plaintiff’s property. Overview The Dulles Professional Center Condominium Unit Owners Association ...

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Foreclosure dispute claims go forward (access required)

Where the Virginia Housing Development Authority was awarded possession of plaintiff’s property in a district court unlawful detainer action, the doctrines of collateral estoppel and res judicata do not bar plaintiff’s claim that the title is defective. The demurrers as ...

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No-fault divorce statute applied to same-sex couples (access required)

Virginia Code §20-91(A)(9)(a), which allows a husband and wife to obtain a divorce if they live separate and apart without cohabitation and without interruption for one year, applies equally to same-sex married couples. In this case, a same-sex married couple ...

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Denial of in-state tuition rate had reasonable basis (access required)

A university had a reasonable basis for refusing a student’s request to reclassify her tuition status to that of an in-state resident. She has not overcome the presumption that the acts she claims qualify her for the in-state tuition rate ...

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