Virginia's Judicial System


Appeals Granted


Case

COMMONWEALTH OF VIRGINIA EX REL FAIR HOUSING BOARD v. WINDSOR PLAZA CONDOMINIUM ASSOCIATION, INC., ET AL.
(Record Number 131806)

From

The Circuit Court of Arlington County; J. Alper, Judge.

Counsel

Cynthia E. Hudson, Linda L. Bryant, Frank W. Pedrotty, Sr., and R. Thomas Payne, II (Office of the Attorney General) for appellant.

Raymond J. Diaz amd Marla J. Diaz (Whiteford, Taylor & Preston, LLP) and Davis S. Mercer and Michael L. Zupan (MERCERTRIGIANI) for appellees.

Assignments of Error

  1. Even assuming that the circuit court properly found that the four individual defendants were necessary parties, the circuit court erred by holding that the statute of limitations barred the Commonwealth’s action against the four individual defendants.
  1. The circuit court erred by granting the Defendant’s motion to strike at trial because the Commonwealth introduced sufficient evidence at trial to establish a prima facie violation of Va. Code § 36-96.3(B)(ii).
  1. The circuit court erred in ruling that where the provision of disabled parking involves the creation of an additional disabled parking space as an accommodation, the proper claim is for a reasonable modification under Va. Code § 36-96.3(B)(i) rather than a reasonable accommodation under Va. Code § 36-96.3(B)(ii).
  1. The circuit court erred in ruling that the Association’s claim for attorney’s fees and costs against the Commonwealth pursuant to Va. Code § 36-96.16 was not barred by the doctrine of sovereign immunity.

Assignment of Cross-Error

    The trial court abused its discretion in failing to award reasonable attorney’s fees and costs to the prevailing parties pursuant to Va. Code Ann. § 36-96.16 because it was plainly wrong in failing to conclude that the Commonwealth’s claims against Windsor Plaza and Ms. Rossi were without merit. Windsor Plaza and Ms. Rossi were, therefore, entitled to an award of attorney’s fees and costs.

Date Granted

  04-18-2014