September 2020 SGT Kangs Group v. Board of County Supervisors

Oct 1, 2020

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Granted Appeal Summary

Case

SGT KANG’S GROUP, LLC v. BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY, VIRGINIA (Record Number 191423)

From

The Circuit Court of Prince William County; K. Irving, Judge.

Counsel

1. Chapman Petersen, David L. Amos (Chap Petersen & Associates, P.L.C.), Henry E. Howell, III, and Benjamin L. Perdue (The Eminent Domain Litigation Group, P.L.C.) for appellant. Michelle R. Robl, Alan F. Smith, and Nathan C. Welch (Prince William County Attorney’s Office) for appellee.

Assignments of Error

1. The Trial Court erred in holding the recordation of a certain plat operated to grant an “ingress-egress” easement to the County.
2. The Trial Court erred in not applying the doctrine of judicial estoppel to prevent the County from asserting an inconsistent position in its Motion in Limine.
3. The Trial Court erred in ruling that Kang was not entitled to put on “any and all evidence” of activities in the “ingress-egress” easement area.

http://www.courts.state.va.us/courts/scv/appeals/191423.pdf