Justia Real Estate & Property Law Opinion Summaries

Articles Posted in Supreme Court of Virginia
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In Virginia, Bryant McCants arranged for his 1970 Ford Mustang Mach 1 to be repaired at a shop operated by CD & PB Enterprises, LLC, doing business as Maaco Collision Repair & Auto Painting. The repair shop was managed by Hanson Butler, a part owner and employee of CD & PB Maaco. After the work was completed, McCants inspected the vehicle and was unsatisfied with the work, prompting Butler to agree to repaint it. However, due to various personal circumstances, McCants was unable to pick up the vehicle for several months. In the meantime, Butler initiated the Virginia Department of Motor Vehicles' abandoned-vehicle process, which resulted in him acquiring title to the vehicle, which he later sold.McCants sued Butler for conversion, fraud, unjust enrichment, breach of contract, and violation of the Virginia Consumer Protection Act. The jury found in favor of McCants on the conversion claim only and awarded him $78,500. The Court of Appeals reversed the trial court's decision, finding that Butler had properly followed the abandoned-vehicle process and had obtained legal title to the vehicle.The Supreme Court of Virginia disagreed with the Court of Appeals, holding that a rational jury could have found that Butler wrongfully used the DMV's abandoned-vehicle process as a pretext for severing McCants's ownership rights in the vehicle and thereafter claiming it for himself. The Supreme Court reversed the judgment of the Court of Appeals, reinstated the jury’s verdict, and affirmed the trial court’s confirmation order. View "McCants v. CD & PB Enterprises, LLC" on Justia Law

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The Supreme Court affirmed the judgment of the State Corporation Commission dismissing Verizon Virginia LLC's petition for a declaratory judgment for lack of subject matter jurisdiction, holding that the Commission lacked subject matter jurisdiction over Verizon's petition pursuant to Va. Code 33.2-1815(B) and 33.2-1821.Verizon, a telecommunications company, filed a petition for a declaratory judgment with the Commission requesting a declaration that either Capital Beltway Express LLC (CBE) or The Lane Construction Corporation was responsible for costs pursuant to section 33.2-1815(B) to relocate some of Verizon's utility facilities, as required by the Virginia Department of Transportation in the underlying project to extend portions of the I-495 express lanes. The Commission dismissed the petition for lack of jurisdiction. Verizon appealed, arguing that sections 33.2-1815(B) and 33.2-1821 granted the Commission jurisdiction to resolve which party was responsible for the costs of the utility relocations necessitated by the project. The Supreme Court affirmed, holding that the Commission correctly concluded that it lacked subject matter jurisdiction over Verizon's petition. View "Verizon Virginia LLC v. SCC" on Justia Law

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The Supreme Court reversed the judgment of the circuit court in this real property dispute, holding that the escheat provision of Va. Code 58.1-3967, as applied to the factual circumstances of this case, violated Va. Const. art. I, 11.The City of Richmond obtained a judicial sale of a parcel of property that was subject to a statutory lien for delinquent taxes. The circuit court confirmed the sale and directed that the City's lien for delinquent taxes, along with its costs and legal fees, be fully paid by the purchase proceeds. Although the sale proceeds satisfied the tax lien, the circuit court concluded that section 58.1-3967 required it to award a portion of the surplus sale proceeds to the City instead of an unsatisfied junior lienor. The Supreme Court reversed, holding that, as applied to this particular case, section 58.1-3967 unconstitutionally authorized the City to take the proceeds and keep them for itself. View "McKeithen v. City of Richmond" on Justia Law

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The Supreme Court reversed the order of the circuit court entering summary judgment favor of Eastern Shore Community Services Board (ESCSB) and holding that Oreze Healthcare LLC's conveyance of real property to a third party prohibited Oreze from pursuing its breach of contract claim against ESCSB, holding that ESCSB was not entitled to summary judgment as a matter of law.ESCSB and Oreze entered into a commercial lease agreement under which ESCSB agreed to lease the four buildings comprising an assisted living facility whose license had been suspended and to provide interim care to its residents until a permanent solution was reached. When water damaged the buildings and no remedy was reached before ESCSB terminated the lease Oreze brought this complaint for breach of contract. While the lawsuit was pending, Oreze conveyed the property to a third party by general warranty deed. The circuit court granted summary judgment for ESCSB, ruling that Oreze failed to reserve its claims in the deed. The Supreme Court reversed, holding that the deed did not extinguish or transfer Oreze's right to sue ESCSB for property damage arising from an alleged breach of the lease. View "Oreze Healthcare v. Eastern Shore Community Services Bd." on Justia Law

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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in this property dispute, holding that the evidence did not support the judgment in connection with Kevin and Meredith Horn's claim of a prescriptive easement to dock a boat on James and Hong Webbs' property.The Horns claimed a prescriptive easement to store small watercraft on the Webbs' land and further claimed a prescriptive easement to lock a boat on the Webbs' property. The Webbs brought this complaint alleging trespass and nuisance and seeking a declaratory judgment of their rights. The Horns counterclaimed that they had a prescriptive easement to both dock the boat and to store the watercraft. The circuit court ruled in favor of the Webbs and awarded them compensatory and punitive damages. The Supreme Court reversed in part, holding (1) the circuit court did not err in rejecting the Horns' claim of a prescriptive easement to store smaller watercraft; (2) the Horns established the existence of a prescriptive easement to dock a boat; and (3) nothing in the record established malice on the part of the Horns in filing their lawsuit, and therefore, the award of punitive damages was improper. View "Horn v. Webb" on Justia Law

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The Supreme Court reversed the decision of the circuit court determining that an auctioneer had verbally modified its advertised terms prior to the start of the auction and ordering the conveyance of a fee simple interest in a parcel of real property by special warranty deed to Plaintiff, holding that the circuit court erred.Plaintiff attended an auction advertised by Plaintiff for the sale of the property at issue. Plaintiff's bid was the high bid, but Defendants refused to sell the property for that amount. Plaintiff brought this complaint seeking specific performance, alleging that, in the pre-auction announcement, Defendants used language stating that the auction was going to be an absolute auction. The trial court ruled that Plaintiff was entitled to specific performance and ordered the conveyance of the property by special warranty deed. The Supreme Court reversed, holding (1) the trial court erred in ruling that the auction was an absolute auction rather than an auction with reserve; and (2) therefore, no contract was formed between the parties. View "Williams v. Janson" on Justia Law

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The Supreme Court vacated the order of the circuit court holding that no justiciable dispute existed between the parties following the court's holding that the plaintiff qualified as a third-party beneficiary of a 1973 ground lease, holding that the circuit court abused its discretion in sua sponte dismissing this declaratory-judgment action as nonjusticiable.A developer filed a declaratory judgment action against the lessee of an adjoining property seeking to resolve conflicting interpretations of a lease provision. The circuit court concluded that the developer was a third-party beneficiary of the long-term ground lease in this case and dismissed the case on the grounds that there were no further justiciable controversies to resolve. The Supreme Court reversed, holding that dismissal was premature because the parties continued categorically to disagree on what specific rights, if any, the developer had under the lease and when those rights could be asserted. View "Ames Center, L.C. v. Soho Arlington, LLC" on Justia Law

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Southwest Virginia Wildlife Center of Roanoke (SVWC) provides medical and rehabilitative care to 2,000 animals each year. SVWC is located at the end of a shared private easement that is approximately 476 feet long; the other properties that can only be accessed by the easement’s unpaved, single-lane dirt driveway, across their lawns. The easement is not maintained by any governmental entity. SVWC sought a special use permit to build a large “raptor building.” The Zoning Administrator determined that existing “accessory structures” on SVWC's property were either improperly granted zoning permits or had not been granted permits. The Board of Supervisors granted the special use permit, which retroactively authorized the accessory structures and the construction of the raptor building, subject to conditions requiring buffering and materials. Neighboring owners challenged the approval, arguing that traffic on the easement has increased “20- to 50-fold” since, SVWC began operating in 2014, causing “congestion, noise, dust, and light pollution” and posing a danger to their children.The trial court dismissed their complaint, citing lack of standing. The Virginia Supreme Court reversed. The dust, noise, and light pollution allegedly caused by the traffic on the easement constitute particularized harm to the plaintiffs. The complaint sufficiently alleged that the construction of the raptor building and the corresponding expansion of SVWC’s services would cause more traffic and supports a reasonable inference that the decision to retroactively approve the accessory structures would lead to traffic on the easement. View "Seymour v. Roanoke County Board of Supervisors" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court finding in favor of the owner of rezoned property who claimed that the triggering of a conditional proffer operated as an unconstitutional condition, holding that the trial court did not err in ultimately reversing the zoning violation.The Board of Supervisors of Albemarle County approved a rezoning for property subject to voluntary proffers. A conditional proffer called the transit proffer continuously applied since the original rezoning. The county approved the establishment of a commuter route to run from Albemarle County to downtown Charlottesville and concluded that a substantial portion of the funding for the route could come from the transit proffer funds. The county approved the appropriation of funds to establish the commuter route. When the property owner failed to make payments required by the transit proffer the county concluded that the owner was in violation of the county's zoning ordinance. The circuit court granted judgment in favor of the owner. The Supreme Court affirmed, holding that the trial court did not err in denying the county's demurrer and motion to strike and did not err in reversing the zoning violation. View "Board of Supervisors v. Route 29, LLC" on Justia Law

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The Supreme Court reversed the judgment of the circuit court that Neighbors lacked standing to challenge the judgment of Fairfax County's Zoning Administrator and Board of Zoning Appeals concluding that NewPort Academy, which sought to open a residential treatment center for teenage girls, was a "by right" use, holding that Neighbors had standing.Neighbors, who either owned houses or lived in houses next to the proposed treatment center, argued that the proposed facility was not a "by right" use in the zoning district, thus requiring a special exception permit to operate in a residential zone. The circuit court concluded that Neighbors lacked standing to challenge the Board's decision and dismissed the case on that basis. The Supreme Court reversed, holding that the allegations made by Neighbors were sufficient to establish that they had standing. View "Anders Larsen Trust v. Board of Supervisors of Fairfax County" on Justia Law