Virginia Power Co. v. Port Royal Condominium Ass'n

Alexandria County Circuit Court

Virginia Power Co. v. Port Royal Condominium Ass'n

5 Va. Cir. 317, 1986 Va. Cir. LEXIS 5

CourtAlexandria County Circuit Court

DecidedJanuary 28, 1986

DocketCase No. (Law) 9661

StatusPublished

This text of 5 Va. Cir. 317 (Virginia Power Co. v. Port Royal Condominium Ass'n) is published on Counsel Stack Legal Research, covering Alexandria County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Virginia Power Co. v. Port Royal Condominium Ass'n, 5 Va. Cir. 317, 1986 Va. Cir. LEXIS 5 (Va. Super. Ct. 1986).

Pincite

Opinion

By JUDGE DONALD H. KENT

This case comes on upon the Association's motion for summary judgment. The question presented is whether Va. Code Section 55-79.80:l(c) requires that a cause of action accruing during the period of declarant control and arising from a contract entered into by the declarant on th unit owners' association's behalf be brought against the declarant.

Section 55-79.80:l(c) can logically be read in two different ways and there are persuasive policy arguments in favor of both interpretations. This Court believes that the better view requires that the contract claimant sue the declarant for declarant control period breaches of declarant made contracts.

The Association's motion for summary judgment is granted.

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By JUDGE DONALD H. KENT

This case comes on upon the Association's motion for summary judgment. The question presented is whether Va. Code Section 55-79.80:l(c) requires that a cause of action accruing during the period of declarant control and arising from a contract entered into by the declarant on th unit owners' association's behalf be brought against the declarant.

Section 55-79.80:l(c) can logically be read in two different ways and there are persuasive policy arguments in favor of both interpretations. This Court believes that the better view requires that the contract claimant sue the declarant for declarant control period breaches of declarant made contracts.

The Association's motion for summary judgment is granted.

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Bluebook (online)

5 Va. Cir. 317, 1986 Va. Cir. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/virginia-power-co-v-port-royal-condominium-assn-vaccalexandria-1986.