On August 22, 2017, the Virginia Supreme Court agreed without argument to hear on appeal the survey suit against Atlantic Coast Pipeline LLC brought on behalf of six Nelson residents by Lollar Law.
Chuck Lollar says, “We believe the Virginia Supreme Court granted our Petition for Appeal without oral argument from us (replying to the opponent’s brief in opposition) because they feel that a significant issue of first impression under Virginia law has been presented, which the full court needs to address. The survey statute has been directly challenged as authorizing an unconstitutional taking, along with its interpretation by the trial court reading ‘and’ as ‘or’. The granting of our petition without argument when less than 10% of cases argued have writs granted by the Virginia Supreme Court is very encouraging. The ultimate decision by the full Court on the unconstitutional taking issue presented by the survey statute will have a major impact upon Virginia private property rights, which the appeals in two recent Supreme Court opinions failed to address.”
Briefings will take place in autumn 2017, and the oral arguments before the full seven-justice court will take place in late 2017 or early 2018.