Legal Opinion

Nelson County v. Horizons, L.L.C.

Nelson County Circuit Court

Decided October 15, 2003No. Case No. CH01-000091-01Published

1Opinion of the Court

By Judge j. Michael Gamble

I am writing this letter to rule on the motion for summary judgment. In this regard, summary judgment is granted to Nelson County, and Horizons, L.L.C., is directed to secure an Erosion and Sediment (E&S) Permit for Phase II, post an E&S bond for Phase II in accordance with § 9-56 of the Nelson County Code, and post a road and construction bond for Phase II in accordance with § 4-2(B) and (C) of the Nelson County Code. A mandatory injunction will issue directing Horizons, L.L.C., to meet these requirements.

Summary judgment is denied on the other issues in the motion…

2Cases cited5 opinions

  1. Southern Railway Co. v. Franklin & Pittsylvania RailroadSupreme Court of Virginia · 1899
  2. Dick Kelly Enterprises v. City of NorfolkSupreme Court of Virginia · 1992
  3. Commonwealth Ex Rel. Attorney General of Virginia v. Washington Gas Light Co.Supreme Court of Virginia · 1980
  4. Wolfe v. Board of Zoning AppealsSupreme Court of Virginia · 2000
  5. Bradlees Tidewater, Inc. v. Walnut Hill Investment, Inc.Supreme Court of Virginia · 1990

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