Justia Virginia Supreme Court Opinion Summaries

In 2008, the Board of County Supervisors filed a petition for condemnation in trial court against Appellee's Charles and Anna Dean, seeking to obtain the Deans' property to expand a bus maintenance facility and parking structure. The Deans' property consisted of approximately one acre, and had been used previously as a gas station and transmission repair shop. The County had tried to purchase the property, but had been unable to reach an agreement regarding compensation for the property. Before trial, the County filed a motion in limine requesting the court exclude evidence of a purported comparable sale that the Deans relied on to arrive at a price for their property. At trial, the County's expert appraiser testified that the Deans' property was worth $475,000; the Deans' expert valued the property at $900,000. Ultimately the jury fixed the property's value at $488,750. The Deans filed exceptions to the jury's report that the court overruled and denied. On review, the Supreme Court found that the trial court did not abuse its discretion in sustaining the County's motion in limine and excluding evidence regarding the "comparable sale," and affirmed the judgment of the trial court.

This appeal stems from an application made by the City of Virginia Beach to the Virginia Marine Resources Commission (VMRC). The City sought to install a stormwater pipeline over state-owned bottomlands. After a public hearing, the VMRC approved the pipeline project. City residents appealed the decision to the circuit court seeking to enjoin the project. VMRC responded, in part, that the Residents' pleading was insufficient because they did not specify how they were aggrieved by the pipeline project. The City also challenged the Residents' complaint, arguing that it lacked a "proper jurisdictional basis." The circuit court agreed that the Residents' complaint lacked standing and dismissed it, and denied the Residents' motion to amend the petition for appeal. The Residents then raised the matter to the Court of Appeals, and the appellate court reversed the dismissal. On appeal by the City and VMRC, the Supreme Court found that the appellate court misapplied the rule that supported the appellate court's decision, saying the court "misconstrues the role of the rules in such appeals and is inconsistent with established and relevant principles of jurisprudence." The Supreme Court accordingly affirmed the circuit court's decision in favor of the City and VMRC.