Legal Opinion

Bennett v. Small

Nelson County Circuit Court

Decided September 2, 2008No. Case No. CL06000153-00Published

1Opinion of the Court

By Judge J. Michael Gamble

I am writing this letter to rule on the motions for summary judgment filed by the plaintiffs and the defendants. In this regard, I grant the summary judgment motion of the defendants and dismiss this case on the grounds that it is moot. The motion for summary judgment of the plaintiffs is overruled.

The plaintiffs allege in their complaint that the defendants should be permanently enjoined from recycling vegetative waste on the property of Maxine Small. This case is a part of a series of lawsuits brought by Lois Bennett, plaintiff in this case, and others concerning a…

2Cases cited6 opinions

  1. Potts v. Mathieson Alkali WorksSupreme Court of Virginia · 1935
  2. Hankins v. Town of Virginia BeachSupreme Court of Virginia · 1944
  3. Hallmark Personnel Agency, Inc. v. JonesSupreme Court of Virginia · 1967
  4. Price v. TravisSupreme Court of Virginia · 1927
  5. Commonwealth Ex Rel. State Water Control Board v. Appalachian Power Co.Court of Appeals of Virginia · 1991

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