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Bethel Investment Co. v. City of Hampton
060043 Bethel Investment Co. v. City of Hampton 11/03/2006 In an inverse condemnation and property damage action, the defendant city failed to carry its burden of proof on affirmative defenses based on Code § …
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060043 Bethel Investment Co. v. City of Hampton 11/03/2006 In an inverse condemnation and property damage action, the defendant c…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- November 3, 2006
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060043 Bethel Investment Co. v. City of Hampton 11/03/2006 In an inverse condemnation and property damage action, the defendant city failed to carry its burden of proof on affirmative defenses based on Code § 8.01-222 and the applicable statutes of limitations, and the trial court erred in failing to accord plaintiff a jury hearing on the issue of when its claims accrued and in ruling that its claims were barred. The judgment is reversed and the case is remanded for trial, but on remand, defendant is not entitled to relitigate its claim that the plaintiff's claims accrued more than five years prior to the filing of the motion for judgment.
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· Supreme Court of Virginia
ReversedRemanded
The court's record, as written
060043 Bethel Investment Co. v. City of Hampton 11/03/2006 In an inverse condemnation and property damage action, the defendant city failed to carry its burden of proof on affirmative defenses based on Code § 8.01-222 and the applicable statutes of limitations, and the trial court erred in failing to accord plaintiff a jury hearing on the issue of when its claims accrued and in ruling that its claims were barred. The judgment is reversed and the case is remanded for trial, but on remand, defendant is not entitled to relitigate its claim that the plaintiff's claims accrued more than five years prior to the filing of the motion for judgment.
Outcome words in this text: reversed, remanded.
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