Justia Contracts Opinion Summaries
Articles Posted in Supreme Court of Virginia
Butler v. Fairfax County School Board
In 1992, Plaintiff was convicted of a felony drug offense. In 2006, Plaintiff applied to the Fairfax County School Board for a teaching position and disclosed her prior conviction on her application. The Board subsequently hired Plaintiff as a special education teacher. In 2012, the school system’s Assistant Superintendent for Human Resources determined that, pursuant to Va. Code 22.1-296.1(A), Plaintiff’s 2006 hiring had been in error because her conviction made her ineligible for employment by the Board. The Board subsequently filed a complaint seeking a declaratory judgment that section 22.1-296.1(A) made Plaintiff ineligible for hire. The circuit court entered an order declaring that the Board lacked authority to hire Plaintiff under section 22.1-296.1(A). The Supreme Court affirmed, holding that the Board lacked authority to make the contract, and therefore, the contract was void ab initio. View "Butler v. Fairfax County School Board" on Justia Law
Kambis v. Considine
Mitchell Kambis owns John Rolfe Realty and Elegant Homes of Virginia (collectively, the Kambis parties). Kambis and April Considine formed and were the sole members of Villa Deste, LLC. Patricia Wolfe, Considine’s mother, later loaned money to Villa Deste for the purchase and development of real estate and the construction of a home that Considine and Kambis later occupied. Kambis eventually transferred his interest in Villa Deste and its assets to Considine for value received. Later, the Kambis parties filed a second and third amended complaint alleging several claims agains Considine, Villa Deste, and Wolfe (collectively, the Considine parties). After a complex procedural history, the Kambis parties eventually nonsuited their claims against the Considine parties. The trial court also granted the Considine parties’ motion for sanctions, ordering Kambis to pay $84,541 in sanctions. The Supreme Court affirmed the trial court’s award of sanctions, holding that the award of sanctions was properly based on the reasons enumerated in Va. Code 8.01-271.1. View "Kambis v. Considine" on Justia Law