Smith v. Smith

By Judge Leslie M. Alden

This matter came before the Court on June 4, 2010, on Cross-Motions for Summary Judgment. After considering the written briefs, oral arguments, and relevant legal authority, the Court grants Plaintiffs’ Motion for Summary Judgment and denies Defendants’ Motion for Summary Judgment.

I. Background

A. Facts

In 1994, Verlin W. Smith (“Mr. Smith”) and Maryan D. Smith (“Mrs. Smith”) established VMS Partnership (“Partnership”) as a mechanism to hold real property in Fairfax and Fauquier counties. On December 13, 1994, Mr. and Mrs. Smith executed and filed with the State…