loader from loading.io

April 2020 International Paper Company v. County of Isle of Wight

Oral Arguments of the Supreme Court of Virginia

Release Date: 05/06/2020

June 2020 Hampton v. Meyer show art June 2020 Hampton v. Meyer

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case CALVIN HAMPTON v. NOAH J. MEYER (Record Number 191194) From The Circuit Court of the City of Richmond; B. Snukals, Judge. Counsel Juli M. Porto (Blankingship & Keith, P.C.) and Thomas M. Konvicka (The Joel Bieber Firm) for appellant. Henry S. Carter, E. Brandon Ferrell, and Kerrigan C.K. O’Malley (Carter & Shands, P.C.) for appellee. Assignment of Error The trial court erred by failing to find that the named defendant in Hampton’s initial complaint was a misnomer that tolled the statute of...

info_outline
June 2020 Conway v. Commonwealth show art June 2020 Conway v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case MARIAH LESLIE CONWAY v. COMMONWEALTH OF VIRGINIA (Record Number 190898) From The Court of Appeals of Virginia. Counsel Michael A. Nicholas (Daniel, Medley & Kirby, P.C.) for appellant. Edward H. Palmore (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error The Circuit Court of the City of Danville erred when it denied Appellant’s motion to dismiss the indictment pursuant to Virginia Code §19.2-294. The Court of Appeals erred when it affirmed the Circuit Court’s error.

info_outline
April 2020 Fernandez, etc. v. Commissioner of Highways show art April 2020 Fernandez, etc. v. Commissioner of Highways

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - 05/28/2020 In a declaratory judgment action seeking an order that the Commissioner of Highways provide statutorily required relocation benefits under Code § 25.1-406 of the Virginia Relocation Assistance Act, the circuit court did not err in sustaining a defense demurrer because there is no implied private cause of action under the Act for payment of relocation expenses. In addition, the plaintiff failed to exhaust administrative remedies afforded to him under 24 VAC § 30-41-90, and had Virginia Administrative Process Act and...

info_outline
April 2020 Mid-Atlantic Arena v. City of Virginia Beach show art April 2020 Mid-Atlantic Arena v. City of Virginia Beach

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case MID-ATLANTIC ARENA, LLC v. CITY OF VIRGINIA BEACH (Record Number 191020) From The Circuit Court of the City of Virginia Beach; H.T. Padrick, Jr., Judge. Counsel Samuel W. Meekins, Jr., Adam M. Carroll, John F. Sawyer (Wolcott Rivers Gates), Mark F. Bideau, Andrea Shwayri Ferraro (Greenburg Traurig, P.A.), and Robert F. McDonnell for appellant. Gary A. Bryant and Brett A. Spain (Willcox & Savage P.C.) for appellee. Assignments of Error 1. The trial court erred when it held the closing did not...

info_outline
April 2020 Vest v. Mountain Valley Pipeline show art April 2020 Vest v. Mountain Valley Pipeline

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case FRED W. VEST v. MOUNTAIN VALLEY PIPELINE, LLC (Record Number 191014) From The Circuit Court of Roanoke County; D. Carson, Judge. Counsel Evans G. Edwards and Thomas J. Bondurant (Gentry Locke) for appellant. Wade W. Massie and Seth M. Land (Penn, Stuart & Eskridge) for appellee. Assignments of Error 1. The trial court erred in denying Vest summary judgment on his trespass counterclaim, and instead granting summary judgment for MVP. a. The trial court erred in ruling in favor of MVP, because MVP...

info_outline
April 2020 Braun v. QuantaDyn Corporation show art April 2020 Braun v. QuantaDyn Corporation

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case DAVID R. BRAUN v. QUANTADYN CORPORATION, ET AL. (Record Number 190974) From The Circuit Court of Loudoun County; D. Fleming, Judge. Counsel Alan C. Bowden (Meyer & Bowden PLLC) and Michael E. Kinney (Turner & Kinney, A Professional Corporation) for appellant. Robert A. DeRise (Arnold & Porter Kaye Scholer LLP) and William R. Fitzpatrick (Sevila, Saunders Huddleston & White) for appellees. Assignments of Error 1. The circuit court failed to rule on Petitioner’s argument, based on...

info_outline
April 2020 Moore v. Commonwealth show art April 2020 Moore v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert -   Granted Appeal Summary Case RUBEN EDWARD MOORE v. COMMONWEALTH OF VIRGINIA (Record Number 190856) From The Court of Appeals of Virginia. Counsel Charles E. Haden for appellant. Anton Bell (Office of the Commonwealth’s Attorney) and Phillip O. Figura (Office of the Attorney General) for appellee. Assignment of Error 1. The Court of Appeals erred in affirming the trial court’s denial of Moore’s motion to strike (and motion to set aside) the murder charge, where the Commonwealth’s evidence was insufficient as a matter...

info_outline
April 2020 Townes v. Virginia Board of Elections show art April 2020 Townes v. Virginia Board of Elections

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case HERBERT F. TOWNES, JR., ET AL. v. VIRGINIA STATE BOARD OF ELECTIONS (Record Number 190834) From The Circuit Court of the City of Hopewell; W. Tomko, Judge. Counsel W. Barry Montgomery and W. Andrew Webb (Kalbaugh Pfund & Messersmith, P.C.) for appellants. Heather Hays Lockerman (Office of the Attorney General) for appellee. Assignments of Error 1. The Circuit Court erred when it instructed the jury that the Commonwealth’s burden of proof was a showing by the preponderance of the evidence as opposed...

info_outline
April 2020 Larsen v. Stack show art April 2020 Larsen v. Stack

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - 05/28/2020 In ruling on a declaratory judgment case requesting construction of a decedent’s will and a determination of the extent of his widow’s interest in his house and farm, the circuit court did not err in receiving parol evidence from the attorney who drafted the will, or in ruling that the widow had a right to live in the house for so long as she is physically and mentally able to do so, rather than a life estate in the entire property. The judgment is affirmed.

info_outline
April 2020 Wooten v. Commonwealth show art April 2020 Wooten v. Commonwealth

Oral Arguments of the Supreme Court of Virginia

This podcast is provided by Ben Glass and Steve Emmert - Granted Appeal Summary Case DERRICK LYNDON WOOTEN v. COMMONWEALTH OF VIRGINIA (Record Number 190805) From The Court of Appeals of Virginia. Counsel Scott Michael Ehrenworth for appellant. Howard E. Gwynn and Melissa lotti Freudenberg (Office of the Commonwealth’s Attorney) for appellee. Assignment of Error 1. The Court of Appeals erred in affirming the trial court’s denial of Wooten’s motion to suppress where: a) Detective Nichol lacked probable cause or a reasonable articulable suspicion of criminal activity at the moment...

info_outline
 
More Episodes

This podcast is provided by Ben Glass and Steve Emmert

www.BenGlassReferrals.com - www.Virginia-Appeals.com

Granted Appeal Summary


Case

INTERNATIONAL PAPER COMPANY, A NEW YORK CORPORATION v. COUNTY OF ISLE OF WIGHT (Record Number 190542)


From

The Circuit Court of Isle of Wight County; C. Eason, Jr., Judge.
Counsel

Craig D. Bell, E. Duncan Getchell, Jr., Robert W. Loftin, and Michael H. Brady (McGuireWoods LLP) for appellant.

Andrew R. McRoberts, Debra L. Mallory, David C. Tait, and Sean M. Hutson (Sands Anderson, PC) for appellee.


Assignments of Error


1. The trial court erred in holding that IP had not made a prima facie case on Counts I, II, or III, in striking and dismissing those Counts, and in relying upon the conclusion that “new taxes are required to be paid to governmental bodies,” and are generally “political decisions.” Isle of Wight’s imposition of a tax increase upon IP’s M&T, which was the subject of court-ordered and legally mandated refunds and was imposed after IP’s special damages had vested, with the purpose and effect of exacting precisely the refund amount in additional taxes, presented a prima facie case on each of these counts.

2. The trial court erred in holding that IP had not made a prima facie case on Counts IV or V, in striking and dismissing them, and in concluding that “there can [legally] be an ‘effective tax rate’ that is different than the imposed or statutorily established tax rate” for M&T. Isle of Wight’s adoption and application, without statutory authority, of a “credit” against direct tax liability, resulting in disparate direct tax burdens upon one class, including upon IP’s M&T, presented a prima facie case on both of these counts.

3. The trial court erred as a matter of law in determining the purposes of the Clawback Ordinance and Clawback Credit without regard to their effects on taxpayers, and in finding a shortfall in the general fund. On a motion to strike, the trial court must evaluate legislative purpose by its natural effect, decide no disputes of material fact, view the evidence, with all reasonable inferences drawn, in IP’s favor, to determine only whether a prima facie case exists.

4. The trial court erred as a matter of law in relying upon its findings of Isle of Wight’s purposes for the Clawback Ordinance and Clawback Credit to grant the motion to strike IP’s case-in-chief. Legitimate governmental purposes will not immunize legislative, administrative or executive acts from violating the Virginia Constitution or exceeding statutory power, as applied.

http://www.courts.state.va.us/courts/scv/appeals/190542.pdf