Already have an account? Sign in instead.
You stay signed in for 30 days on this browser.
Continue with Google Continue with MicrosoftNo account yet? Create a free one.
We sent a six-digit code.
It expires in ten minutes, works once, and only in this browser. Five wrong tries void it. Send another code.
Your account is live and the Cloudflare checks are off for this browser.
14 Virginia opinions name it 5 courts 1987–2026 1 in the last five years
The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
West Creek Assocs., LLC v. County of Goochlandgreen2 sentences2010"A taxing authority's assessment is presumed to be correct," and a taxpayer challenging the assessment of his or her real property "has the burden to rebut that presumption by establishing that the real property in question is assessed at more than fair market value or that the assessment is not uniform in its application." West Creek Assocs., LLC v. County of Goochland, 276 Va. 393, 409 , 665 S.E.2d 834, 842 (2008) (citing Code § 58.1-3984(A)). 2010"A taxing authority's assessment is presumed to be correct," and a taxpayer challenging the assessment of his or her real property "has the burden to rebut that presumption by establishing that the real property in question is assessed at more than fair market value or that the assessment is not uniform in its application." West Creek Assocs., LLC v. County of Goochland, 276 Va. 393, 409 , 665 S.E.2d 834, 842 (2008) (citing Code § 58.1-3984(A)). | 2 | 2 |
Ward v. Harpergreen2 sentences2002Ward, 234 Va. at 70-71 , 360 S.E.2d at 181 ; Pettus, 232 Va. at 485 , 352 S.E.2d at 323-24 . 2002Ward, 234 Va. at 70-71 , 360 S.E.2d at 181 ; Pettus, 232 Va. at 485 , 352 S.E.2d at 323-24 . | 1 | 5 |
Kay Management Co., Inc. v. Creasongreen2 sentences2026But once this presumption is established, “the opposing party has the burden to rebut the presumption by showing that the area was open only to those with ‘express or implied permission from the owner[].’” Id. (alteration in original) (quoting Kay Management Co. v. Creason, 220 Va. 820, 832 (1980)). 1. 2017Once this presumption is found to be applicable, the opposing party has the burden to rebut the presumption by showing that the area was open only to those with "express or implied permission from the owner[ ]." Id. at 227 , 563 S.E.2d at 724 (quoting Kay Management , 220 Va. at 832 , 263 S.E.2d at 402 ). | 1 | 3 |
Tidewater Psychiatric Institute, Inc. v. City of Virginia Beachgreen2 sentences2010To rebut the presumption of correctness, "a taxpayer must show by a clear preponderance of the evidence that the taxing authority committed manifest error or totally disregarded controlling evidence in making the assessment." West Creek, 276 Va. at 409 , 665 S.E.2d at 843 ; accord Tidewater Psychiatric Inst., Inc. v. City of Virginia Beach, 256 Va. 136, 140-41 , 501 S.E.2d 761, 763 (1998). 2010To rebut the presumption of correctness, "a taxpayer must show by a clear preponderance of the evidence that the taxing authority committed manifest error or totally disregarded controlling evidence in making the assessment." West Creek, 276 Va. at 409 , 665 S.E.2d at 843 ; accord Tidewater Psychiatric Inst., Inc. v. City of Virginia Beach, 256 Va. 136, 140-41 , 501 S.E.2d 761, 763 (1998). | 1 | 1 |
Stainback v. Stainbackgreen2 sentences2000See Stainback v. Stainback, 11 Va. App. 13, 17-18 , 396 S.E.2d 686, 689 (1990). 2000See Stainback v. Stainback, 11 Va. App. 13, 17-18 , 396 S.E.2d 686, 689 (1990). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Caplan v. Bogard
green
2 sentences2026But once this presumption is established, “the opposing party has the burden to rebut the presumption by showing that the area was open only to those with ‘express or implied permission from the owner[].’” Id. (alteration in original) (quoting Kay Management Co. v. Creason, 220 Va. 820, 832 (1980)). 1. 2017Once this presumption is found to be applicable, the opposing party has the burden to rebut the presumption by showing that the area was open only to those with "express or implied permission from the owner[ ]." Id. at 227 , 563 S.E.2d at 724 (quoting Kay Management , 220 Va. at 832 , 263 S.E.2d at 402 ). | 2 | 2017–2026 |
Pettus v. Keeling
green
2 sentences2002Ward, 234 Va. at 70-71 , 360 S.E.2d at 181 ; Pettus, 232 Va. at 485 , 352 S.E.2d at 323-24 . 2002Ward, 234 Va. at 70-71 , 360 S.E.2d at 181 ; Pettus, 232 Va. at 485 , 352 S.E.2d at 323-24 . | 2 | 2002–2002 |
Masterson v. VIRGINIA BEACH BD. OF ZON. APP.
green
1 sentence2014Masterson v. Board of Zoning Appeals, 233 Va. 37, 44 , 353 S.E.2d 727 (1987). | 1 | 2014–2014 |
Masterson v. Board of Zoning Appeals
green
1 sentence2014Masterson v. Board of Zoning Appeals, 233 Va. 37, 44 , 353 S.E.2d 727 (1987). | 1 | 2014–2014 |
Arlington County Board v. Ginsberg
green
2 sentences2008Code § 58.1-3984(A); Keswick Club, L.P. v. County of Albemarle, 273 Va. 128 , 136, 639 S.E.2d 243 , 247 (2007); Shoosmith Bros., Inc. v. County of Chesterfield, 268 Va. 241 , 245, 601 S.E.2d 641 , 643 (2004); Arlington County Board v. Ginsberg, 228 Va. 633 , 640, 325 S.E.2d 348 , 352 (1985). "`The effect of this presumption is that even if the assessor is unable to come forward with evidence to prove the correctness of the assessment this does not impeach it since the taxpayer has the burden of proving the assessment erroneous.'" R. 2008Code § 58.1-3984(A); Keswick Club, L.P. v. County of Albemarle, 273 Va. 128 , 136, 639 S.E.2d 243 , 247 (2007); Shoosmith Bros., Inc. v. County of Chesterfield, 268 Va. 241 , 245, 601 S.E.2d 641 , 643 (2004); Arlington County Board v. Ginsberg, 228 Va. 633 , 640, 325 S.E.2d 348 , 352 (1985). "`The effect of this presumption is that even if the assessor is unable to come forward with evidence to prove the correctness of the assessment this does not impeach it since the taxpayer has the burden of proving the assessment erroneous.'" R. | 1 | 2008–2008 |
Shoosmith Bros. v. County of Chesterfield
green
2 sentences2008Code § 58.1-3984(A); Keswick Club, L.P. v. County of Albemarle, 273 Va. 128 , 136, 639 S.E.2d 243 , 247 (2007); Shoosmith Bros., Inc. v. County of Chesterfield, 268 Va. 241 , 245, 601 S.E.2d 641 , 643 (2004); Arlington County Board v. Ginsberg, 228 Va. 633 , 640, 325 S.E.2d 348 , 352 (1985). "`The effect of this presumption is that even if the assessor is unable to come forward with evidence to prove the correctness of the assessment this does not impeach it since the taxpayer has the burden of proving the assessment erroneous.'" R. 2008Code § 58.1-3984(A); Keswick Club, L.P. v. County of Albemarle, 273 Va. 128 , 136, 639 S.E.2d 243 , 247 (2007); Shoosmith Bros., Inc. v. County of Chesterfield, 268 Va. 241 , 245, 601 S.E.2d 641 , 643 (2004); Arlington County Board v. Ginsberg, 228 Va. 633 , 640, 325 S.E.2d 348 , 352 (1985). "`The effect of this presumption is that even if the assessor is unable to come forward with evidence to prove the correctness of the assessment this does not impeach it since the taxpayer has the burden of proving the assessment erroneous.'" R. | 1 | 2008–2008 |
Keswick Club, L.P. v. County of Albemarle
green
2 sentences2008Code § 58.1-3984(A); Keswick Club, L.P. v. County of Albemarle, 273 Va. 128 , 136, 639 S.E.2d 243 , 247 (2007); Shoosmith Bros., Inc. v. County of Chesterfield, 268 Va. 241 , 245, 601 S.E.2d 641 , 643 (2004); Arlington County Board v. Ginsberg, 228 Va. 633 , 640, 325 S.E.2d 348 , 352 (1985). "`The effect of this presumption is that even if the assessor is unable to come forward with evidence to prove the correctness of the assessment this does not impeach it since the taxpayer has the burden of proving the assessment erroneous.'" R. 2008Code § 58.1-3984(A); Keswick Club, L.P. v. County of Albemarle, 273 Va. 128 , 136, 639 S.E.2d 243 , 247 (2007); Shoosmith Bros., Inc. v. County of Chesterfield, 268 Va. 241 , 245, 601 S.E.2d 641 , 643 (2004); Arlington County Board v. Ginsberg, 228 Va. 633 , 640, 325 S.E.2d 348 , 352 (1985). "`The effect of this presumption is that even if the assessor is unable to come forward with evidence to prove the correctness of the assessment this does not impeach it since the taxpayer has the burden of proving the assessment erroneous.'" R. | 1 | 2008–2008 |
Burks Bros. of Virginia, Inc. v. Jones
green
2 sentences1987We further stated in Pettus , relying on another recent case, Burks Brothers of Va. Inc. v. Jones, 232 Va. 238 , 349 S.E.2d 134 (1986), that where the use of a way by persons owning property in the immediate area has been in common with the use of the roadway by members of the general public, the essential element of exclusiveness is lacking because the use of the roadway is dependent upon the enjoyment of similar rights by others, and no rights by prescription arise. 1987We further stated in Pettus , relying on another recent case, Burks Brothers of Va. Inc. v. Jones, 232 Va. 238 , 349 S.E.2d 134 (1986), that where the use of a way by persons owning property in the immediate area has been in common with the use of the roadway by members of the general public, the essential element of exclusiveness is lacking because the use of the roadway is dependent upon the enjoyment of similar rights by others, and no rights by prescription arise. | 1 | 1987–1987 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.