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The HOAs seasonal lighting guidelines were not enforceable under the HOAs declaration of restrictive covenants.
The judgment and its ancillary award of attorney fees as well as costs are reversed, and the case is remanded for further proceedings consistent with this opinion. Cook 08/23/2019 In a case where final accounts relating to services of a trustee who also served as guardian and conservator for an incapacitated adult were presented for approval by the circuit court prior to review by the local Commissioner of Accounts, and not reviewed by the court thereafter, the judgment is reversed.
Further the circuit court did not abuse its discretion in denying the motions for a mistrial and post-trial motions addressing rulings relating to issues of consent, or in failing to instruct the jury that consent was not an issue in the case. The contention that the trial court violated the holding of Batson v. Assuming without deciding that the defendants post-trial argument merely amplified the objection made at trial, it is without merit under the three-step analysis applied to Batson claims, on which the defendant carries the ultimate burden of persuasion to prove the existence of purposeful discrimination.
Here, the prosecutor provided a race-neutral explanation for the strike, and the defendants contention that this was mistaken collapses his argument, since a race-neutral explanation cannot at the same time be both an unintentional mistake and a pretextual, purposeful misrepresentation.
A voluntary and intelligent guilty plea is a waiver of all non-jurisdictional defects that occurred before entry of the plea, thus the range of potential grounds for appeal following a guilty plea is limited in Virginia, but a defendant who has pled guilty still retains the statutory right to file a notice of appeal and present a petition for appeal to the Court of Appeals of Virginia.
Further, when entry of a guilty plea waives an issue for appeal, the correct disposition is denial, not dismissal.
Defendants proffer of an alleged multi-level hearsay statement does not change this result.
The judgment is reversed and the case is remanded for further proceedings consistent with this opinion. Commissioner of Highways 08/29/2019 In a condemnation case, the circuit court erred in restricting the landowners proffered evidence to the extent that it related to a potential rezoning of the agriculturally-zoned property for commercial development.The reasonable possibility of a rezoning should be taken into consideration in compensating landowners, if there is sufficient evidence of a reasonable probability of rezoning.The burden of proving a reasonable probability of rezoning rests on the property owner and unless the evidence relating to the likelihood of rezoning in the near future rises to the level of a probability, it is inadmissible.Good place to stay if you just need a convenient place to sleep.2019-04-29""Conveniently located and moderately priced.The hotel needed better soundproofing, but the room was big and clean, and we were nicely greeted when we arrived.