Tanners Cluster Ass'n Board of Directors v. DiLeo

By Judge Stanley P. Klein

This matter is before the Court on the plaintiffs motion for reconsideration of my February 14, 1997, order denying plaintiffs motion for summary judgment.

Under Virginia law, “[sjummary judgment is a drastic remedy which is available only where there is no material fact genuinely in dispute.” Shevel’s Inc. v. Southeastern Assoc., 228 Va. 175, 181 (1984). “It applies only to cases in which no trial is necessary because no evidence could affect the result.” Fire Assurance Corp. v. Cohen, 203 Va. 810, 814 (1962). Pursuant to Rule 3:18 of the Rules of the Supreme Court of…