OPINION BY Justice LEROY F. MILLETTE, JR. In this appeal we hold that the General Assembly did not unconstitutionally delegate its power of taxation to the Virginia Department of Transportation ("VDOT") and Elizabeth River Crossings OpCo, LLC ("ERC") under the terms of the Public-Private Transportation Act of 1995, Code 56-556 et seq. ("PPTA"), and that the Comprehensive Agreement between VDOT and ERC does not abridge the Commonwealth's police power. I. Facts and Proceedings A. History of...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether the acquisition of a fee simple interest in a public way by a city, pursuant to a local ordinance, extinguishes a pre-existing easement over that way when there has been no implied or express dedication of that easement by its holder. Background Old Dominion Boat Club (ODBC) filed an amended complaint against the City of Alexandria and Alexandria City Council (collectively, the City), as well as 106 Union Dublin, LLC...
Opinion by Justice WILLIAM C. MIMS. In this appeal, we consider whether an endorsement of an order withdrew or waived issues for appeal under Code 8.01-384(A), whether allegedly defamatory statements were non-actionable expressions of opinion or rhetorical hyperbole, and whether such statements were protected by qualified privilege. I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW In November 2009, Dr. Robert Smith, a trauma surgeon, and Dr. Bradley Cashion, an anesthesiologist, provided...
Opinion by Chief Justice CYNTHIA D. KINSER. The United States District Court for the Eastern District of Virginia entered an order of certification requesting that this Court exercise jurisdiction pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, and answer the following questions of law: 1.) Under Virginia law, does a clerk of court possess statutory standing to initiate a lawsuit, in his official capacity, to enforce the real estate transfer tax on the...
Opinion by Justice DONALD W. LEMONS. In this appeal, we consider the validity of various mechanics' liens filed under Code 43-4. I. Facts and Proceedings A. New Life's Construction Project, Contractors, and Financing Jack Bays, Inc. ("Jack Bays") is a commercial general contracting firm with expertise in new church construction. In 2004, the company's President, Lynn Bays Fuechsel ("Fuechsel"), met the Senior Pastor and Founder of New Life Anointed Ministries International ("New Life"),...
Opinion by Justice LEROY F. MILLETTE, JR. The Friends of the Rappahannock ("Friends"), together with several local landowners and one lessee, (collectively, "individual complainants") appeal the order of the Circuit Court of Caroline County sustaining a demurrer and motion to dismiss to their complaint challenging a Special Exception Permit ("permit") issued by the Caroline County Board of Supervisors ("Board") that approved the use of land adjacent to the Rappahannock River for a sand and...
Opinion by Justice DONALD W. LEMONS. In yet another chapter in the contentious story of litigation and controversy between Hugh M. Caperton and Donald Blankenship and the companies they control, we consider whether the trial court erred in its application of the doctrine of res judicata. Over the last fifteen years, litigation between Hugh Caperton and his companies and Donald Blankenship and his companies has involved trips to many courts. These include suits in circuit courts in both...
OPINION BY Justice LEROY F. MILLETTE, JR. This appeal arises from a declaratory judgment action in which The Doctors Company (TDC), a professional liability insurance company, sought a determination that its coverage of policyholder Women's Healthcare Associates (WHA) did not apply to a pending breach of contract action brought by the Davidson family against WHA. The pending breach of contract action relates to WHA's participation in the Virginia Birth-Related Neurological Injury...
Opinion by Justice S. BERNARD GOODWYN. In this appeal, we consider whether the circuit court erred in ordering Thomas Henderson to pay $130,000 to his attorney from proceeds deposited with the circuit court pursuant to a settlement agreement, and whether the circuit court erred in denying Thomas Henderson a jury trial on the attorney's fee issue. We also consider whether the circuit court erred in refusing to allow an appeal bond pursuant to Code 8.01-676.1(C), which would have suspended...
OPINION BY Justice S. BERNARD GOODWYN. Charles P. Daniels, doing business as the Poker Palace, appeals from a judgment entered by the Circuit Court of the City of Portsmouth in a declaratory judgment action. The circuit court ruled that Daniels failed to establish that Texas Hold `Em poker is not illegal gambling under Code 18.2-325 and that Code 18.2-328 is unconstitutionally vague. We conclude that the request for declaratory judgment concerning the legality of Texas Hold `Em poker...
OPINION BY Justice WILLIAM C. MIMS. This appeal involves a circuit court order sealing certain exhibits introduced during a criminal trial. First, we consider whether this appeal is moot because the sealing order no longer is in effect and the exhibits now are available for public inspection. Having concluded that it is not moot, we consider whether the sealing order violates constitutional and statutory guarantees of public access to criminal proceedings. I. BACKGROUND AND MATERIAL...
Opinion by Justice LEROY F. MILLETTE, JR. Thirteen retired Albemarle County employees (collectively "the Retirees") sought relief in the circuit court from a decision of the Albemarle County Board of Supervisors ("Board"). The Board had disallowed payment on a portion of the Retirees' promised retirement benefits under the County's Voluntary Early Retirement Incentive Program ("VERIP") due to a miscalculation by a County employee prior to the retirements, and Retirees appealed to the circuit...
OPINION BY Justice DONALD W. LEMONS. In this appeal, we consider whether the Circuit Court of the City of Virginia Beach ("circuit court") erred in determining that Michael Jeffrey Osman ("Osman") was a "slayer" under Code 55-401. 1 I. Facts and Proceedings Louis Moss Osman and Wanda M. Austin ("Executors"), co-executors of the estate of Carolyn Goldman Osman, and co-trustees of the Carolyn Goldman Osman Revocable Trust, Osman Family Trust and Goldman Family Trust fbo Carolyn Goldman...
Opinion by Chief Justice CYNTHIA D. KINSER. The United States Court of Appeals for the Third Circuit entered an order of certification requesting that this Court exercise jurisdiction pursuant to Article VI, Section 1 of the Constitution of Virginia and Rule 5:40, and answer the following question of law: Whether, under Va.Code 8.01-249(4), a plaintiff's cause of action for damages due to latent mesothelioma is deemed to accrue [I] at the time of the mesothelioma diagnosis or [II] decades...
Opinion by Justice LEROY F. MILLETTE, JR. These paired appeals arise out of a jury verdict against Honeywell International Incorporated 1 and Ford Motor Company for the wrongful death of James D. Lokey, caused by mesothelioma resulting from exposure to asbestos in dust from Bendix brakes installed in Ford and other vehicles. On appeal, Ford assigns error to: (1) the circuit court's jury instructions as to causation; (2) its admission of plaintiff's expert testimony; (3) the finding of...
Opinion by Justice WILLIAM C. MIMS. In these appeals, we consider whether Code 20-158(A)(3) and 32.1-257(D) bar an unmarried, biological father from establishing legal parentage of his child conceived through assisted conception, pursuant to a voluntary written agreement as authorized by Code 20-49.1(B)(2). I. BACKGROUND AND MATERIAL PROCEEDINGS BELOW Beverley Mason and William D. Breit had a long-term relationship and lived together as an unmarried couple for several years. They wished...
Opinion by Justice LEROY F. MILLETTE, JR. This appeal arises out of a jury verdict against Exxon Mobil Corporation (Exxon) based on injuries that Rubert E. Minton suffered as a result of developing mesothelioma from exposure to asbestos while working on Exxon ships during his employment at the Newport News Shipbuilding and Dry Dock Company (Shipyard). On appeal, Exxon assigns error to: (1) the circuit court's finding that the evidence was sufficient to show that Exxon either actively...
Opinion by Justice CLEO E. POWELL. Steven K. Funkhouser ("Funkhouser") brought a products liability action against Ford Motor Company and Obaugh Ford, Inc. (collectively "Ford") after his daughter, Emily, died from severe burns she suffered as a result of a fire in her family's Ford Windstar van. In this appeal, we consider whether the circuit court erred in excluding evidence of seven other Ford Windstar fires and in ruling that Funkhouser's expert witnesses could not rely on the excluded...
