1991
Combs v. City of Winchester
Virginia Circuit Court
25 Va. Cir. 207
City determined a building to be unsafe and notified the life tenant it would be demolished, but did not notify the remainderman. City razed dwelling, and remainderman brought suit for damages. Court held that remainderman was entitled to notice of City’s action and an opportunity to be heard. Failure to do so by the City was a violation of due process under the state and federal constitutions. The remainderman’s remedy against the City was an inverse condemnation claim and the case proceeded in the form of a declaratory judgment.
Summary prepared by Judge Jonathan Apgar, 23rd Judicial Circuit in Virginia, for the William & Mary Property Rights Project, Marshall-Wythe School of Law, William & Mary ©2019.
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