Click here for Supreme Court of Virginia Opinions Revised within the last six-months 160314 Allison v.
Brown 07/27/2017 In the trial of a medical malpractice action pled on theories of negligence, in which an additional count on the theory of liability for battery was dismissed with prejudice on statute of limitations grounds, it was reversible error for the trial judge to nonetheless instruct the jury about battery.
Neither the common law nor Article I, 11 of the Constitution of Virginia provides an objecting landowner with a legally cognizable property right to exclude a statutorily authorized utility from entering their property to conduct preliminary surveys and other tests in anticipation of condemnation proceedings. The judgment of the circuit court denying enforcement of an FOIA request directed to the Office of the Executive Secretary is affirmed. Glock 06/22/2017 In litigation concerning the real and personal property of a family matriarch which was transferred to one of her five children, the circuit court did not err in denying a summary judgment motion challenging the decedent's capacity to convey to one of her daughters her personal property in her personal capacity when she held it as trustee under her revocable trust.
Nor did the court err in excluding from evidence certain tax assessment records offered as proof of the value of the decedent's home, or in striking the plaintiff's evidence on a claim for civil conspiracy.
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Clause 6This clause provides for the independence and impartiality of the Commission and its members.
Plaintiff failed, at the summary judgment stage, to come forward with expert opinion establishing certain alleged improper statements made by the defendant doctor were a proximate cause of her alleged injuries in the form of aggravation of preexisting mental or physical conditions. Accordingly, the judgment of the circuit court is reversed and the gas utility's petition for declaratory judgment is dismissed. Atlantic Coast Pipeline 07/13/2017 In a petition for a declaratory judgment filed by a Delaware public service company engaged in storage and transportation of natural gas in interstate commerce, seeking a declaration of its rights under Code 56-49.01 to enter upon the property of landowners, without permission, to conduct preliminary surveys and examinations in anticipation of condemnation proceedings, appraisals, and surveys for proposed natural gas lines in order to satisfy regulatory requirements and to select the most advantageous route, the unambiguous language of the statute establishes the General Assemblys intent for the entry-for-survey privilege be available to foreign natural gas companies that do business within the Commonwealth. Therefore, under the Virginia Freedom of Information Act, a party requesting copies of court records must ask each jurisdictions clerk of court for certain court records, rather than seeking to obtain a copy of a database in the Office of the Executive Secretary of the Supreme Court of Virginia.
Clause 3This clause provides for the corporate status of the Commission.
It also cross-references the First and Second Schedules, the first of which provides for the tenure of office and conditions of service of the members of the Commission, and the procedure to be followed by the Commission at its meetings; whilst the second one sets out the ancillary powers of the Commission to do the sorts of things that corporate bodies may at law do.
In that connection this Bill seeks the repeal of the Agricultural Land Settlement Act [Chapter ] and the Rural Land Act [Chapter ], and to amend the Land Acquisition Act [Chapter ].
2, 2016.]Land Commission Land Commissioni LAND COMMISSION BILL, 2016Explanatory Memorandum This Bill seeks to provide for the Zimbabwe Land Commission referred to in section 296 of the Constitution and for matters pertinent thereto, including the allocation of rights in State Land for agricultural purposes, the registration of such rights, the creation and extinction of servitudes over State Land, the settlement of persons on such land, the control of the subdivision and lease of land for farming or other purposes, and the limitation of the number and sizes of pieces of land that may be owned by any individual.