Justia Virginia Supreme Court Opinion Summaries

The Supreme Court reversed the judgment of the trial court awarding a sales commission to a real estate broker (Broker) despite the fact that a contemplated sale ultimately never took place. The trial court concluded (1) the Broker was a third-party beneficiary of the sale agreement, (2) the parties to the agreement waived its time-is-of-the-essence provision, and (3) the Seller improperly prevented the closing. The Supreme Court reversed, holding that the trial court erred as a matter of law by awarding the Broker a sales commission on the ground that the Seller improperly prevented the closing because the trial court misapplied the prevention doctrine. View "Rastek Construction & Development Corp. v. General Land Commercial Real Estate Co., LLC" on Justia Law

The Supreme Court ordered that Kurt J. Pomrenke be removed immediately from the office of Judge of the Twenty-Eighth Juvenile and Domestic Relations Judicial District, concluding that Judge Pomrenke’s conduct was of sufficient gravity to require that the court remove him from office.The Judicial Inquiry and Review Commission of Virginia charged Judge Pomrenke with engaging in misconduct and conduct prejudicial to the proper administration of justice while serving as a juvenile and domestic relations district court judge. After a hearing, the Commission filed a formal complaint against Judge Pomrenke asserting that its charges were of sufficient gravity to constitute the basis for retirement, censure, or removal. The Supreme Court held that Judge Pomrenke’s violations of the Canons of Judicial Conduct for the Commonwealth of Virginia were grave and substantial and of sufficient gravity to warrant removal. View "Judicial Inquiry & Review Commission v. Pomrenke" on Justia Law

The Supreme Court affirmed the State Corporation Commission’s (SCC) denial of claims filed by a group of Kentucky hospitals requesting reimbursement for legal fees and costs from Reciprocal of America (ROA), an insolvent insurer. On appeal, the Hospitals argued that certain agreements constituting an assumption reinsurance transaction provided a contractual basis for the claims requiring ROA to indemnify them for legal fees and costs incurred in certain litigation and that the SCC erred in concluding otherwise. The Supreme Court disagreed, holding that the SCC did not err in concluding that the governing contractual provisions did not obligate ROA to reimburse the Hospitals for legal fees an costs that they incurred in the legal proceedings. View "Appalachian Regional Healthcare v. Cunningham" on Justia Law

The Supreme Court reversed the determination of the trial court that Appellant, an inmate, could not proceed in forma pauperis with his petition for a writ of mandamus.Consistent with Va. Code 8.01-691, Appellant attached several documents to his petition for writ of mandamus that detailed the history of his inmate trust account. The court denied Appellant’s request to proceed in forma pauperis. The Supreme Court reversed, holding (1) the Department’s policies and procedures explain the “loans” and “deposits” that appear on inmate trust account documentation; (2) the value of services for photocopies and legal mail and the inmate’s obligation to repay the Department for the value of those services do not constitute a “deposit” within the plain meaning of that term; and (3) the “deposits” reflected in Appellant’s trust account documents were not “deposits” within the ordinary meaning of that term, and given the absence of actual “deposits,” the trial court erred in denying Appellant in forma pauperis status. View "Grethen v. Robinson" on Justia Law

The Supreme Court reversed the judgment of the circuit court sustaining the Tax Department’s decision to rescind $4.9 million in land preservation tax credits it had previously awarded to the Woolford family on the grounds that the Woolfords’ appraiser was not a “qualified appraiser.” Specifically, the circuit court found that the Woolfords’ appraiser lacked the necessary education and experience, as required by applicable federal law incorporated by Va. Code 58.1-512(B), to offer a qualified appraisal. The Supreme Court disagreed and remanded the case, holding (1) the trial court erred in ruling that the Woolfords’ appraiser was not a “qualified appraiser”; and (2) the Department was not constrained from auditing the value of the tax credits claimed by the Woolfords after initially awarding them those tax credits. View "Woolford v. Virginia Department of Taxation" on Justia Law

The Supreme Court reversed the judgment of the court of appeals regarding its ruling on the law of the case doctrine but affirmed its judgment regarding its rulings on the admission of certain strip search evidence and Defendant’s conviction for possession of cocaine with the intent to distribute.Defendant was indicted for possession with the intent to distribute. Prior to trial, Defendant filed a motion to suppress evidence from a strip search. The circuit court granted the motion to suppress the evidence recovered from the strip search on the grounds that it violated Defendant’s Fourth Amendment rights. The court of appeals reversed the grant of the motion to suppress. After Defendant was convicted, he appealed. The court of appeals concluded (1) its review of its ruling on the motion to suppress and the constitutionality of the strip search was precluded by the law of the case doctrine; and (2) the evidence was sufficient to uphold Defendant’s conviction. Although the Supreme Court held (1) the court of appeals was authorized to reconsider the constitutionality of the strip search and the admissibility of the strip search evidence on direct appeal; and (2) the court of appeals’ did not err in its rulings on the admission of the strip search evidence and Defendant’s conviction. View "Cole v. Commonwealth" on Justia Law

The circuit court erred in relying on principles of res judicata to refuse to stay an injunction brought by the City of Staunton’s Zoning Administrator against the landowner in this case pending further proceedings before the City’s Board of Zoning Appeals and erred in granting the injunction against the landowner. The Supreme Court reversed the judgment of the circuit court as to the stay and the injunctive relief sought, holding (1) the doctrine of res judicata that the circuit court relied on was not a proper basis to deny the stay based on prior administrative or circuit court proceedings; and (2) as a result, the final order granting an injunction, when the landowner had not been given the opportunity to exhaust her administrative remedies, was in error. View "Chilton-Belloni v. Angle" on Justia Law

The Supreme Court affirmed the judgment of the circuit court ruling that the Commissioner of Accounts had subject matter jurisdiction to hear a petition for aid and direction initially filed with the Commissioner seeking construction of the decedent’s will and the determination of his heirs. The court held (1) Appellant had standing to bring this appeal because the circuit court could potentially determine that he was a beneficiary of the will on remand, and Rule 5:25 also did not bar this appeal because challenges to subject matter jurisdiction can be raised at any time; and (2) the Commissioner did not exceed his authority when he, without a referral from the circuit court, conducted a hearing and produced a report interpreting the decedent’s will and determining his heirs. View "Gray v. Binder" on Justia Law

Contrary to the conclusions of the lower courts in this divorce case, Richard Levick’s marriage to Deborah MacDougall was not voidable or void ab initio, and therefore, the circuit court had authority to distribute the marital assets consistent with the marital agreement and to continue its adjudication of the divorce proceeding.During a divorce proceeding ten years after the marriage of the parties, Levick asserted for the first time that his marriage to MacDougall was void ab initio, and therefore, he could repudiate a marital agreement requiring him to pay spousal support and to distribute the marital assets. The circuit court agreed and ruled that the marriage was void ab initio. The court of appeals reversed in part, concluding that the marriage was merely voidable, not void ab initio. The Supreme Court reversed, holding that Levick failed to rebut the strong presumption favoring the validity of his marriage. View "Levick v. MacDougall" on Justia Law

The Supreme Court affirmed the decision of the circuit court sustaining a demurrer filed by the Commissioner of Highways in his capacity as chief executive officer of the Virginia Department of Transportation (VDOT) in this action filed by Plaintiff seeking to compel the Commissioner to reconvey property pursuant to Va. Code 33.2-1005(A). The VDOT acquired the property in 1994 in advance of a transportation project. A 1993 appraisal valued the land at $286,110. In 2014, Plaintiff informed the VDOT that he was exercising the right under section 33.2-1005(A) to require VDOT to reconvey the land “for its original purchase price” of $286,110, as the transportation project had not commenced within twenty years. The circuit court concluded that it did not have the authority to insert a purchase price of $286,110 based on the appraisal where the wording of the general assembly was “original purchase price.” The Supreme Court affirmed, holding that an appraisal valuation is not synonymous with “original purchase price” as used in section 33.2-1005(A). View "Kalergis v. Virginia Commissioner of Highways" on Justia Law