Virginia's Judicial System


Appeals Granted


Case

MICHAEL FISHEL, ET AL v. WINDSOR PLAZA CONDOMINIUM ASSOCIATION, INC.
(Record Number 131817)

From

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

Counsel

Michael G. Allen (Relman, Dane & Colfax PLLC) for appellants.

Raymond J. Diaz, Andrew J. Terrell, and Marla J. Diaz (Whiteford, Taylor & Preston, LLP) for appellees.

Assignments of Error

  1. The trial court committed legal error in establishing the accrual date for Petitioners’ reasonable accommodation claims under the VFHL and FHA as August 23, 2007, because the parties were engaged in an ongoing interactive dialogue about the requested accommodation until at least May 7, 2008.
  2. The trial court committed legal error by subjecting Petitioners’ VFHL claims to the statute of limitations provision in Virginia Code § 36-96.18(B) because Petitioners intervened “as of right,” pursuant to Virginia Code § 36-96.16(B), which contains no statute of limitations provision, and Respondent was not prejudiced by such intervention.
  3. The trial court committed legal error in holding that Respondent’s actions did not constitute continuing violations of Virginia Code §§ 36-96.3(A)(8) and 36-96.3(A)(9), and 42 U.S.C. §§ 3604(f)(1) and 3604(f)(2).

Assignment of Cross-Error

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

Date Granted

  04-18-2014