2014

City of Chesapeake v. Clear Sky Car Wash, L.L.C.

Virginia Circuit Court

89 Va. Cir. 27

City filed a certificate of take and paid $2,150,000 to the clerk of court. Landowner petitioned court to withdraw funds and order was entered. Landowner also filed answer raising numerous challenges to the certificate and condemnation suit. Pursuant to Va. Code § 25.1-219, landowner requested hearing on the challenges. City argued landowner had waived all objections by withdrawing the funds. Court ruled that landowner had waived all objections to the validity of the certificate and taking, and was limited under the statute to request a mandatory settlement conference or to set the matter for trial with either commissioners or a jury.

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