Legal Opinion
Costello v. Frederick County Sanitation Authority
Frederick County Circuit Court
Decided April 9, 1999No. Case No. (Chancery) 97-59PublishedCited by 2 opinions
1Opinion of the Court
By Judge John J. McGrath, Jr.
The Court having previously overruled the Demurrers filed by the defendants and having granted an issue out of chancery (while reserving judgment on the question of whether the jury’s verdict on the alleged equitable defense of laches pleaded by the defendants would be binding or advisory), the parties have briefed and argued a number of pre-trial issues that need to be decided prior to the commencement of the trial.
I. Factual Background
The plaintiffs own three tracts of land comprising approximately 105 acres located in the County of Frederick, Virginia. The…
2Cases cited22 opinions
- Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985
- Burns v. Board of Sup'rs of Fairfax Cty.Supreme Court of Virginia · 1977
- Commonwealth v. American Booksellers Ass'nSupreme Court of Virginia · 1988
- Robert William Sides v. Richard MacHine Works, Inc.Court of Appeals for the Fourth Circuit · 1969
- Clinchfield Coal Corp. v. ComptonSupreme Court of Virginia · 1927
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3Cited by2 opinions
- Catholic Diocese v. Commonwealth Transportation CommissionerAlexandria County Circuit Court · 2007
- Costello v. Frederick County Sanitation AuthorityFrederick County Circuit Court · 1999