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State court of last resort · ST-VA-SC
Fancher v. Fagella
No. 062339Supreme Court of Virginia
062339 Fancher v. Fagella 09/14/2007 Injunctive relief is available under Virginia law to compel an adjoining landowner to remove a tree, the roots of which intrude into and cause significant, continuous and i…
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062339 Fancher v. Fagella 09/14/2007 Injunctive relief is available under Virginia law to compel an adjoining landowner to remove…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- September 14, 2007
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062339 Fancher v. Fagella 09/14/2007 Injunctive relief is available under Virginia law to compel an adjoining landowner to remove a tree, the roots of which intrude into and cause significant, continuous and increasing structural damage to the plaintiff's property. The prior decision in Smith v. Holt, 174 Va. 213, 5 S.E.2d 492 (1939), is overruled insofar as it conditions a right of action upon the "noxious" nature of such a plant. Factors to be considered in fashioning an appropriate remedy in such cases are discussed. The circuit court's order denying injunctive relief is reversed and the case is remanded for further proceedings.
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· Supreme Court of Virginia
ReversedRemandedDenied
The court's record, as written
062339 Fancher v. Fagella 09/14/2007 Injunctive relief is available under Virginia law to compel an adjoining landowner to remove a tree, the roots of which intrude into and cause significant, continuous and increasing structural damage to the plaintiff's property. The prior decision in Smith v. Holt, 174 Va. 213, 5 S.E.2d 492 (1939), is overruled insofar as it conditions a right of action upon the "noxious" nature of such a plant. Factors to be considered in fashioning an appropriate remedy in such cases are discussed. The circuit court's order denying injunctive relief is reversed and the case is remanded for further proceedings.
Outcome words in this text: denying, reversed, remanded.
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