OPINION BY Senior Justice CHARLES S. RUSSELL. In this appeal from a conviction of misdemeanor animal cruelty under former Code 3.1-796.122, 1 the sole question is whether the evidence was sufficient to support the conviction. Facts and Proceedings In accordance with familiar principles of appellate review, the evidence will be stated in the light most favorable to the Commonwealth, the prevailing party at trial. While Brigette Berbes was driving on Interstate 81 in Augusta County about...
Opinion by Senior Justice ELIZABETH B. LACY. In this appeal Mihai Gheorghiu asks us to reverse his convictions by an Arlington County jury of one count of identity theft, one count of credit card fraud and 36 counts of credit card theft because Arlington County was an improper venue for the prosecutions. FACTS The facts in this case are not in dispute. Gheorghiu and his cousin drove from New York City to Alexandria, Virginia, on September 20, 2005. They checked into a hotel in Alexandria...
OPINION BY Justice CYNTHIA D. KINSER. In this appeal involving a taxpayer's petition to correct erroneous tax assessments, the dispositive issue is whether the taxpayer carried its burden to present evidence establishing the fair market value of certain condominium units. Because the taxpayer failed to establish the fair market value of each individual unit, we will affirm the judgment of the circuit court striking the taxpayer's evidence. RELEVANT FACTS AND PROCEEDINGS 1 The real property...
Opinion by Justice WILLIAM C. MIMS. In this appeal, we consider whether the statute of limitations for wrongful death actions established by Code 8.01-244(B) bars the reinstatement of an action dismissed under Code 8.01-335(B). I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW Paul Rae Conger died on March 7, 2001. His widow, Shirley Conger ("Conger"), qualified as his personal representative. On May 21, 2002, Conger filed a complaint under Code 8.01-50 against Eugene J. Barrett, M.D. and...
Opinion by Justice LEROY F. MILLETTE, JR. In this appeal, we consider whether the circuit court erred in ruling that the Town of Leesburg failed to present sufficient evidence to meet its burden under the fairly debatable standard in a challenge to a town ordinance that imposes a 100% surcharge on water and sewer consumption rates charged to residents of Loudoun County who reside outside of the Town of Leesburg. 1 BACKGROUND Seven individuals and three homeowner's associations (the...
OPINION BY Senior Justice ELIZABETH B. LACY. In this appeal, Kevin Jamerson asks us to reverse the judgment of the trial court dismissing his personal injury action because it was filed beyond the statutory limitation period provided by Code 8.01-250. We conclude that the steel platform and pole which collapsed causing the injuries sustained by Jamerson are not "equipment, machinery or other article" under Code 8.01-250 but ordinary building materials. Because Code 8.01-250 provides a...
OPINION BY Senior Justice CHARLES S. RUSSELL. This appeal presents a question as to the time a right of action accrued, and the statute of limitations began to run, in an action to recover damages for legal malpractice. Facts and Proceedings The facts are undisputed. Nicholas J. Van Dam (the former husband) and Josephine F. Van Dam (the wife) were parties to a divorce suit in 1986. The wife retained Gordon B. Gay, an attorney at law, (the defendant) to represent her in the case. The parties...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, a county challenges the circuit court's reduction of an assessment, for the 2003 and 2004 tax years, of the fair market value of real estate owned by a taxpayer. We consider whether the circuit court erred in finding the county's assessment erroneous and reducing the assessment. This case was previously remanded to the Circuit Court of Albemarle County for reconsideration of an assessment made by the County of Albemarle (the County) of...
Opinion by Chief Justice LEROY ROUNTREE HASSELL, SR. I. In this appeal we consider whether petitioners, who challenge the validity of a proffer that a board of supervisors amended and approved after a public hearing, have stated a cause of action against a board of supervisors. We also consider whether the circuit court erred by remanding the proceeding to the zoning administrator and requiring him to accept the site plan application for review. II. Petitioners Arogas, Inc., (Arogas) and T....
Opinion by Justice WILLIAM C. MIMS. In these companion appeals we consider whether Amtech Elevator Services, Inc., now known as ABM Amtech, Inc., ("Amtech") had a contractual duty to defend and indemnify Uniwest Construction, Inc. ("Uniwest") in an action brought against Uniwest by an injured Amtech employee and the estate of a deceased Amtech employee. We also consider whether Uniwest was insured under Amtech's insurance policies. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW A. THE CONTRACT...
