Legal Opinion
Chaffinch v. Chesapeake & Potomac Telephone Co. of Virginia, Inc.
Supreme Court of Virginia
Decided March 9, 1984No. Record 811630PublishedCited by 13 opinions
1Opinion of the CourtPoff, J.
The question framed on this appeal is whether a declaratory judgment proceeding is the exclusive remedy available to a landowner whose property has been damaged by a public service company vested with the power of eminent domain.
Lawrence E. Chaffinch, a homeowner, filed a motion for judgment sounding in tort and claiming compensatory and punitive damages against the Chesapeake & Potomac Telephone Company of Virginia, Incorporated (C & P), a public service company authorized to condemn private property. Code §§ 56-1, -464. Chaffinch alleged that C & P came upon his land and cut his shrubbery…
2Cases cited13 opinions
- Swift & Co. v. City of Newport NewsSupreme Court of Virginia · 1906
- Burns v. Board of Sup'rs of Fairfax Cty.Supreme Court of Virginia · 1977
- Williams v. Bank of NorfolkSupreme Court of Virginia · 1962
- Nelson County v. LovingSupreme Court of Virginia · 1919
- Heldt v. Elizabeth River Tunnel DistrictSupreme Court of Virginia · 1954
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Hampton Roads Sanitation District v. McDonnellSupreme Court of Virginia · 1987
- Kitchen v. City of Newport NewsSupreme Court of Virginia · 2008
- Miller v. Highland CountySupreme Court of Virginia · 2007
- Bell v. SaundersSupreme Court of Virginia · 2009
- Pasquotank Action Council, Inc. v. City of Virginia BeachDistrict Court, E.D. Virginia · 1995
8 more not listed; retrieve them via the Exa API.