Legal Opinion

Hodges v. Aquia Harbour Property Owners Ass'n

Virginia Circuit Court

Decided February 27, 1991No. Case No. (Law) 511-90Published

1Opinion of the Court

By JUDGE JAMES W. HALEY, JR.

In this case a demurrer has been filed to a Motion for Judgment primarily alleging libel and slander.

It is:

the well-settled rule that a demurrer admits the truth of all well-pleaded material facts. All reasonable factual inferences fairly and justly drawn from the facts alleged must be considered in and of the pleading. However, a demurrer does not admit the correctness of the pleader’s conclusions of law.

Fox v. Custis, 236 Va. 69, 71, 372 S.E.2d 373, 374 (1988).

Hodges, plaintiff, is a member of defendant Aquia Harbour Property Owners Association, Inc. (Aquia), a…

2Cases cited25 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Womack v. EldridgeSupreme Court of Virginia · 1974
  3. Russo v. WhiteSupreme Court of Virginia · 1991
  4. Fox v. CustisSupreme Court of Virginia · 1988
  5. Gazette, Inc. v. HarrisSupreme Court of Virginia · 1985

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