Legal Opinion

Triangle Pacific v. Westchester Homes

Fairfax County Circuit Court

Decided December 11, 1991No. Case No. (Chancery) 121793; Case No. (Chancery) 121830; Case No. (Chancery) 121871PublishedCited by 1 opinion

1Opinion of the Court

By Judge Thomas J. Middleton

This matter came to be heard on November 1, 1991, on certain defendants’ Motion for Leave to File an Amended Answer. Defendants wish to amend their answers in three related mechanic’s lien cases in order to assert a defense of failure to join a necessary party. The issue before the court is whether the Clifton Farm Homeowners Association (“CFHA”), which has recorded a declaration entitling it *134to collect dues from property owners, is a necessary party to the mechanic’s lien suits.1

If the court finds CFHA to be a necessary party, it must grant leave to amend. “A…

2Cases cited6 opinions

  1. Mendenhall v. Douglas L. Cooper, Inc.Supreme Court of Virginia · 1990
  2. Walt Robbins, Inc. v. Damon CorporationSupreme Court of Virginia · 1986
  3. Raney v. Four Thirty Seven Land Co.Supreme Court of Virginia · 1987
  4. Monk v. Exposition Deepwater Pier Corp.Supreme Court of Virginia · 1910
  5. Gaddess v. Horris' ExecutorsSupreme Court of Virginia · 1904

1 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Matlack v. Property Owners of Shenandoah Farms, Inc.Warren County Circuit Court · 1995

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