Virginia Supreme Court Opinion Affecting Local Government Law: September 22, 2016

The Virginia Supreme Court issued one additional opinion in September affecting local government law, on September 22, 2016.  This opinion addressed the priority to be given a local government special assessment lien over a deed of trust.

The case summary is taken from the Virginia Supreme Court opinions website.  Click on the case number to read the opinion.

151702 Cygnus Newport v. City of Portsmouth 09/22/2016 In a suit by a successor property owner challenging special assessments on real property, and the lien priority of such assessments, it is held that a special assessment lien has priority over a deed of trust that was recorded before the special assessments were imposed, and that the new owners of property subject to a special assessment lien may not have such a lien declared void years after it has been agreed to by the prior owner, and after bonds have been issued in reliance on those assessments. The judgment of the circuit court against the plaintiff successor landowner is affirmed.