170199 A.R.A. v. Commonwealth 03/01/2018 In a petition to expunge a felony arrest record, the trial court erred in concluding that the existence of this record may not cause the petitioner a manifest injustice. The facts underlying the arrest are irrelevant and the petitioner need not show actual prejudice to prevail on her expungement petition. She needs only to demonstrate that the continued existence of an arrest record may cause a manifest injustice. On this record, there is a reasonable possibility that a felony arrest record would hinder her career and her educational opportunities. It is concluded that the petitioner made the requisite showing of a manifest injustice. The judgment is reversed and the matter is remanded for entry of an order expunging the felony arrest record at issue.
101006 Livingston v. Va. Dep't of Transportation 06/07/2012 (Revised 08/02/2012) In a suit for property damage under the Just Compensation Clause in Article I, Section 11 of the Constitution of Virginia, it is held that a single event of flooding can support an inverse condemnation claim, and that the plaintiffs' allegations that their homes and various items of personal property were damaged for a public use under Article I, Section 11 are sufficient to withstand demurrer. When VDOT constructs an improvement for the public benefit, it does not thereby become an insurer in perpetuity against flood damage to neighboring property, but a property owner may be entitled to compensation under Article I, Section 11 if VDOT's operation of that improvement causes damage to real or personal property. Thus, where VDOT relocated the channel of a waterway in order to permit highway construction, but failed to maintain the relocated channel via dredging or otherwise, and that failure is alleged to have impacted the magnitude of the damage plaintiffs suffered as the result of the single flooding event at issue, VDOT's choice not to maintain the relocated channel evinced its election to use the highway and nearby residential developments as makeshift storage sites for excess stormwater instead of allocating its resources to maintain the relocated channel. The contentions that plaintiffs lack standing to maintain an inverse condemnation suit and that they cannot recover under Article I, Section 11 for damage to personal property, are rejected. The circuit court's judgment is reversed and the case is remanded for further proceedings.
Brickhouse Betty Site Rip
100149 Scott v. Burwell's Bay Improvement Ass'n 04/21/2011 In a case involving riparian rights, the circuit court did not err in ruling that a party seeking to establish ownership of riparian rights by adverse possession, or, alternately, a prescriptive easement to use those rights, failed to prove these claims by clear and convincing evidence. The evidence to show that the use of the riparian rights was exclusive and continuous for the required period of time fell well below the clear and convincing standard required to prove adverse possession or prescriptive use of the riparian rights by the immediate prior occupants. Thus tacking was not available to establish the requisite time periods. The judgment of the circuit court is affirmed.
100303 Condominium Services v. First Owners' Ass'n 04/21/2011 (Revised 05/25/2011) In a lawsuit between a condominium owners' association and a management services company, the circuit court did not err in sustaining the association's demurrers and striking an affirmative defense. The agreement between the parties, although it referenced the association's bylaws, did not require a three-fourths vote of the unit owners before the association could terminate the services of the management agent. The circuit court also did not err in denying a motion to dismiss the association's conversion claim, because the agreement had been terminated at the time the management company caused over $90,000 in fees to be deposited to its own bank account, and it was not error to grant summary judgment on the conversion claim. Expert witness designations, testimony regarding damages, punitive damages and remittitur are also discussed. The judgment is affirmed.
091430 Commonwealth v. AMEC Civil 09/16/2010 In a construction contract dispute in which the plaintiff contractor and the defendant Virginia Department of Transportation both assign error, issues are discussed concerning timely notice of claims, whether sustained elevated lake water levels constitute a differing site condition under the contract, entitlement to home office overhead damages, calculation of actual costs as a basis for an award of damages, and entitlement to pre-judgment interest as an element of damages. The judgment of the Court of Appeals is affirmed in part and reversed in part, and the cases are remanded for the circuit court to recalculate damages.
Bill was passionate about being active in the community he loved. In the past he served for eight years on the Middletown Town Council. He was the president of the Potter League for Animals, and was instrumental in its relocation to its present site. He served on the Boards of Newport Hospital, The Newport County YMCA, The Preservation Society of Newport County, The Rhode Island Foundation, and Newport Federal Savings Bank. He was actively involved in capital campaigns for The Maher Center and Newport Hospital. He was presently on the Board of Savings Institute Bank & Trust, was serving as legal counsel to The Newport County Chamber of Commerce, and was a member of the YMCA finance committee.
Subject: AndreaDate: Wed, 23 Jun 2004 16:40:27 -0400From: "hannahrichard" hannahrichard@cox.netTo: Bryan@DenProductions.comDear Bryan,One idea I had for the Great Bridge High School site was some sort of memorial for one of my friends,Andrea(rising sophomore)B. Deller, who passed away on June 19, 2004. I think it would be somethingthat many people would appreciate because so many of us were friends with her. In case you do notknow, the details are found below. Please consider this suggestion, because she meant so much tomany of us.Yours sincerely,Hannah Richard
Along with Andrea, our class has also lost two other people taken too soon, Miss April CarolynTownes and Mr Nicholas Stephen Rosso. Both were dear to our class and will be greatly missed duringour senior year. I'm sure many of their friends and family would appreciate their being added tothis site, because they are surely not forgotten.Thanks,Kate Welsh
Hi Bryan my name is Sarah Devincenzi Ferguson who was a drop out which i will advise no one to follow me in doing so. however Iwent to school with carole and knew her from the first grade. She always was a beautiful person inside and out. I still have a valentinecard that she gave me! I have cherished every memory of every one i have met . She was special and i hope she did well in her life.The card was signed "to my best friend ever!" well a lot of the past has changed but never the memories of all the nice people I met in school.I never remember bad things going on at great bridge high school in the 1960's. I went on to educate myself and I still am doing that.Stay in school kids even though I did not I am still married to the love of my life and it will be 52 years of ups and downs. I waslucky but not all are. So my advice is if you do not want to struggle through life get an education. Respect yourself and others. Thank you Bryan.well wishes to allSarah D FergusonHi Bryan. This is Sarah Ferguson again. My husband Jim Ferguson graduated from Great Bridge High in 1961. I recently replied to the request from CaroleSheltons family. Now I am told by Jim Ferguson that many of our classmates and neighbors have passed. I am so sad to hear that they had left us so earlyin their lives. Angela Sabato and I went to school together and were the quiet shy ones lol. Well I moved to sparrow road and met Jimmy who lived next door.We did not have to get married but back then it was a time when you had to move on and let your friends not be influenced by your actions. It was the bestof times when I knew all these nice people. Bryan do keep this site going. It helps us all to remember to reflect to pray and to realize that every secondon earth is precious and all of the young people on here seem to be very happy and doing well with their lives and I hope that life will continue to be precious to them.Thank you again Bryan and good luck to you also! Sincerely Sarah D Ferguson p.s. I did choose a very good man and life and I continued my education and Jim receivedhis masters degree from North Carolina State. Sometimes God has plans for us that we do not even know about.
Hello Bryan,I came across your website whle doing an internet search on my Dads high school. His name was Lawrence Wayne Proctor,class of 1965 and passed away on August 26, 2011. If you would could you please include him on the "In Memoriam" page, thank you.I do not have any high school pictures of him such as yearbook pictures or maybe some classmates have pictures with him. Could youpost a note on your website requesting of those who know my Dad to send me yearbook pictures etc they might have. Also, anyone thatmay have stories of my Dad they would like to share I would most interested to hear. My email is mwpphx@cox.netThank you,Mark Proctor
Hi, I was looking up the name of one of my class mates Chris Ivey whom passed too soon. I notice that another studentthat we lost while in middle school that should of graduated with us ( CHRIS IVEY) and myself in 1993 was Vincent Mercerwas not on your page. I agree with whomever gave you the idea to start this page. These wonderful people were in our life'sand need to be remembered!!!!Here are 2 pictures from my year book from 6th Grade.ThanksRIP VINCENT AND CHRIS you two are gone but NEVER NEVER forgotten!!!I wrote you yesterday about adding Vincent Mercer whom I attended school with. I was looking on your website and didn't seeanother friend of mine that passed too soon. Warren T Trueblood Jr....He Graduated in 1989 from Great Bridge. His birthdayis May 24, 1970 and death date was Jan.14,1994- 23yrs old. He was like a brother to me, I was best friends growing upand still friends with his sister. Her daughter and my daughter/children have grown up together and it would be awesometo have him added to this board. He was a great, sweet, gentle person!!! I think of him often and all the times I sharedwith him and his sister. Well his whole family...Thank you for your time. God Bless.Betty J Lewis-Kendrick CO 93 GBH 2ff7e9595c
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