Commonwealth v. Windsor Plaza Condo. Ass'n, Inc.
Annotate this CaseThe Commonwealth filed a complaint alleging that Windsor Plaza Condominium violated Va. Code 36-96.3(B)(ii) by failing to make reasonable accommodations in rules or services that were necessary to afford Michael Fishel equal opportunity to enjoy his dwelling. Fishel and his wife moved to intervene in the lawsuit, alleging additional causes of action. The circuit court granted summary judgment for Windsor Plaza. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) did not err in ruling that the evidence relating to conversion of a bicycle storage space into an accessible parking space supported a claim for reasonable modification rather than a claim for reasonable accommodation; (2) did not err in ruling granting Windsor Plaza’s motion to strike; (3) erred in ruling that Windsor Plaza’s request for attorney’s fees against the Commonwealth was not barred by sovereign immunity, but the error was harmless; (4) did not err in concluding that the statute of limitations barred the Fishels’ additional claims; and (5) did not err by refusing to award Windsor Plaza attorney’s fees against the Fischels.
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