Employee Spotlight: Susan Truskey

Susie, a Fairfax native, joined the firm in March 2020 as a member of the firm’s real estate and commercial transactions practice group. Her practice focuses on the preparation of homeowner and condominium association documents, contract drafting and negotiation, leases, and general representation of community associations. Prior to joining the firm, Susie spent more than eight years representing condominium and homeowners’ associations throughout Virginia. She gained extensive experience serving as general counsel to community associations and assisting them with the preparation of amendments to governing documents, land use matters, covenants interpretation and enforcement, contract review, litigation support, and foreclosures.

She has been an active member of the Washington Metropolitan Chapter Community Associations Institute where she was appointed to serve in various leadership positions and was a frequent contributor to the Chapter’s monthly print magazine. Susie obtained her law degree from The George Washington University Law School and holds a Bachelor’s degree in Finance from James Madison University.

In this month’s Employee Spotlight we’ll get to know the newest addition to the Real Estate Transactions team, Susie Truskey.

Tell us a little about yourself — where did you grow up? Where do you reside now?

I am a native of Northern Virginia.  I grew up in Chantilly and now live in the City of Fairfax with my husband Todd, and dog, Harper.

​What first interested you in real estate law?  

Prior to law school, I began my career in the secondary mortgage market at Freddie Mac.  I have always been interested in law and my experience working at Freddie Mac started me on this path.  In my first 9 years of practice, I worked mostly with community associations and condominiums in Virginia and D.C. where I particularly enjoyed dealing with land use issues.

Your just joined the team not too long ago. So far, what’s your favorite thing about working at Walsh, Colucci, Lubeley & Walsh?​

​​The people.  My transition to WCLW was in the works prior to the outbreak of the coronavirus and I must say that starting a new job during the beginning of a global pandemic has been interesting to say the least!  I feel very fortunate I was able to begin working at the firm in late March despite the unusual circumstances.  Everyone I have worked with has been extremely welcoming and supportive.  We are all learning to adapt to working remotely and I can’t wait to meet everyone face to face when we are allowed to go into the office.  I am very proud to be a member of the WCLW team.

What’s something invaluable you’ve learned in the practice of law?

That it is truly a practice requiring continual learning, evolution and growth.   Additionally, another thing I appreciate and don’t take for granted is how collegial the practice of law is, even among competitors.

Outside of work, do you have any hobbies or quarantine hobbies?

My two favorite sports are golf and snow skiing.  Fortunately, golf is one of few recreational activities that hasn’t been severely impacted by the pandemic and I have enjoyed getting a couple of rounds in most weekends.  We spent the first 7 or so weeks of quarantine at home in Fairfax but recently have been getting away on the weekends to Bryce Resort in the Shenandoah Valley.  My husband and I have been hiking with our dog Harper, a 6 year old Vizsla, who enjoys adventures and needs plenty of off leash exercise.

​Favorite place to visit/travel to? 

Lately, it has been Bryce Resort in Basye, Virginia because it is accessible but also truly beautiful.  Under normal circumstances, I may have answered Santorini, Greece but international travel has been the furthest thing from my mind lately.

Favorite sports team? 

Washington Capitals

What is your favorite show or book?​ 

Golden Girls

Thanks for sharing with us Susie!

Meridian Group Looking to Expand The Boro at Former NADA HQ

 

The Tysons Reporter interviewed senior land use planner Elizabeth Baker about the Meridian Group’s plans to turn the former headquarters of the National Automobile Dealers Association (NADA) into an extension of The Boro.

 

[ EXCERPT ]

Meridian Group Looking to Expand The Boro at Former NADA HQ

The Meridian Group is hoping to turn the former headquarters of the National Automobile Dealers Association (NADA) into an extension of The Boro.

The plans would redo the old NADA site and an adjacent property — both currently vacant — into a mixed-use development with residential uses, a continuing care facility and ground-floor retail space, Elizabeth Baker, a senior land use planner for Walsh Colucci, told Tysons Reporter.

“The vision is to extend The Boro development across Westpark Drive and to continue the transformation of Tysons from a suburban office park to an urban center,” she said. Read more

The Religious Land Use and Institutionalized Persons Act in the Fourth Circuit

The Virginia State Bar Journal of Local Government Law, Spring 2020 edition, recently featured John Foote’s article on The Religious Land Use and Institutionalized Persons Act (RLUIPA). Read the article here.

 

[EXCERPT]

The Religious Land Use and Institutionalized Persons Act in the Fourth Circuit

Why do we still care about the Religious Land Use and Institutionalized Persons Act? Literally thousands of RLUIPA cases have been decided since the Act was passed in 2000, and it would take more than one article, or this writer, to do them justice. The answer may well be that in almost every jurisdiction where a reader may sit, there is likely to be found an evangelical church bursting at its seams in a neighborhood already resistant to its growth, a new synagogue that cannot find land on which to build, and, yes, a mosque that is opposed because it will “generate too much traffic.” Read more

 

Supreme Court of Virginia Limits Ability to Challenge Foreclosures

One of the risks involved with purchasing property at a foreclosure sale is that the prior owner may attempt to challenge the validity of the sale. Often, the challenge to the foreclosure sale is an attempt to avoid or delay eviction after the foreclosure, as the Supreme Court reviewed at length in its ruling in Parrish v. Fannie Mae, 292 Va. 44 (2016). These challenges may also result in a claim on the new owner’s title insurance policy.

On April 2, 2020, the Supreme Court of Virginia issued an opinion that clarifies and further limits the ability of a foreclosed property owner to rescind a completed foreclosure sale. In Young-Allen v. Bank of Am., N.A., 839 S.E.2d 897 (Va. 2020), a property owner in the City of Alexandria facing foreclosure requested a reinstatement quote from the lender prior to foreclosure. The lender did not respond to that request and, despite the property owner’s request that the lender postpone the sale to give her time to reinstate the loan, proceeded with the foreclosure.

On the day before the foreclosure, the property owner filed a suit in the Circuit Court of Alexandria alleging that: (i) the lender breached the terms of the deed of trust by failing to provide the requested reinstatement figures, (ii) the foreclosure trustee breached its fiduciary when it refused to cancel or postpone the scheduled foreclosure sale despite request, (iii) the lender did not have the authority to conduct the foreclosure sale, and (iv) requesting that the Circuit Court rescind any foreclosure sale that might occur during the pending litigation. The property owner also filed a memorandum of lis pendens in the land records of the City of Alexandria on the same day. The following day the trustee performed the foreclosure sale and the property was sold to a third-party bidder.

Following the foreclosure sale, the property owner amended her Complaint. In the Amended Complaint the property owner continued to ask the Court to rescind the sale, among other relief requested. The lender and foreclosure trustee filed demurrers to the Amended Complaint, arguing that the Amended Complaint failed to state a cause of action upon which the Circuit Court could provide relief. The Circuit Court for the City of Alexandria sustained the demurrers and dismissed the Amended Complaint with prejudice. The property owner appealed to the Supreme Court of Virginia.

On appeal, the Supreme Court of Virginia affirmed the circuit court’s decision. The Court noted that rescinding a foreclosure sale “is a remedy which calls for the highest and most drastic exercise of the power of a court of chancery—to annul and set at naught the solemn contracts of parties.” The Court also stated that “[g]enerally, a court will not rescind a completed foreclosure sale”.

The Court did note that there are “potential exceptions” to the rule that a foreclosure sale cannot be rescinded. These exceptions include: (a) the failure to properly advertise under Everette v. Woodward, 162 Va. 419 (1934), (b) the sale of the property after the secured debt has been satisfied under Smith v. Woodward, 122 Va. 356, (1918), or (c) when the underlying debt was procured through fraud under Wasserman v. Metzger, 105 Va. 744 (1906). The Court also cited collusion between the foreclosure trustee and the purchaser, along with a foreclosure sale price of such gross inadequacy that it shocks the conscience of the court as grounds for rescission. However, it should be noted that absent any evidence of fraud, a foreclosure sale will not be set aside for an inadequate price alone. Squire v. Va. Hous. Dev. Auth., 287 Va. 507, 519, (2014).

In addition to limiting and clarifying the circumstances under which a foreclosed property owner can seek to rescind the foreclosure sale, the Court also commented upon the liability of foreclosure trustees, thus further clarifying a ruling the Court had recently made in Crosby v. ALG Tr., LLC, 296 Va. 561 (2018). In Crosby, the Court ruled that it may be possible for a deed of trust obligor to file a suit against a trustee of a deed of trust for breach of fiduciary duties not specifically identified in the deed of trust. However, in Young-Allen, the Court ruled that as a baseline premise to any claim against a trustee, the property owner must allege that she suffered actual damages and could have reinstated the loan in order to satisfactorily set out a claim against a deed of trust trustee for breach of fiduciary duty.

Finally, the Court noted that filing a memorandum of lis pendens is not sufficient to cause a trustee to forestall a foreclosure. The Court confirmed that a memorandum of lis pendens is merely a notice to the world of the pendency of a judicial proceedings and that, in and of itself, is not sufficient to prevent the trustee from foreclosing.

The Supreme Court of Virginia has, in recent years, addressed a number of issued related to foreclosure. Young-Allen v. Bank of Am., N.A. may prove to be a valuable tool for foreclosure purchasers facing a challenge to the validity of the foreclosure sale.

 

 If you have any questions about foreclosures or foreclosure sales, please contact John Rinaldi.

2020 Virginia Super Lawyers and Rising Stars

Virginia Super Lawyers

We are pleased to announce that three lawyers at Walsh, Colucci, Lubeley & Walsh have been named Virginia “Super Lawyers” for 2020. In addition, four of the firm’s lawyers have been named Virginia “Rising Stars” by the lawyer rating service Super Lawyers.

2020 Virginia Super Lawyers

Michael J. Coughlin | Eminent Domain
John H. Foote | Land Use/Zoning, Litigation
Martin D. Walsh | Land Use & Zoning

Virginia Super Lawyers “Rising Stars” recognizes top up-and-coming lawyers who are 40 years old or younger, or who have been practicing 10 or fewer years.

2020 Virginia Rising Stars

Robert D. Brant | Land Use & Zoning
Nicholas V. Cumings | Land Use & Zoning
Antonia Miller | Real Estate Transactions
Andrew A. Painter | Land Use & Zoning

A Thomson Reuters publication, Super Lawyers identifies candidates through independent research and by inviting lawyers in each state to nominate the best attorneys they have observed in action. A lawyer-led research staff evaluates candidates on 12 indicators of peer recognition and professional achievement. Candidates also undergo a peer review by practice area.

County Board Approves Loudoun Mutual Insurance Company’s Rezoning ​

In the first landowner-sponsored rezoning in the Village of Waterford, the Loudoun County Board of Supervisors recently approved a rezoning and two special exceptions to allow for Loudoun County’s oldest continually-operated business, Loudoun Mutual Insurance Company, to grow its business at its location in the historic Village of Waterford.

Loudoun Mutual established its business in the Village of Waterford in 1849. In 1949, before there was a Zoning Ordinance in Loudoun County, Loudoun Mutual built its current office building in full conformance with all Loudoun County zoning and land development ordinances and regulations as they existed at that time. Revisions to the County Zoning Map occurred in 1993 that changed the designation on the property to a residential zoning district, which does not allow commercial office uses. Due to this oversight, the property was never granted commercial zoning.

Loudoun Office Managing Shareholder Randy Minchew and fellow land use attorney Sasha Brauer shepherded Loudoun Mutual through the County’s application process to rezone the property to a commercial zoning district and bring the property into full conformance with Loudoun County zoning requirements. Additionally, in order to facilitate the expansion of its current office building, the approval included a special exception for a building greater than 10,000 square feet, and a special exception to reduce the amount of off-street parking.

Loudoun Mutual agreed to install a pedestrian path on the property and to implement tree preservation measures and storm water best management practices. Because the property is located in the Historic District of the Village of Waterford, the expansion of the building will require a certificate of appropriateness from the Historic District Review Committee. Allen Kitselman of Main Street Architecture, PC prepared preliminary architectural renderings that integrate design elements compatible with the existing office building and the character of Waterford.

With these approvals, Loudoun Mutual looks forward to continuing its long history of operating and doing business in Loudoun County and the Village of Waterford. Loudoun Mutual’s President, Chris Shipe, expressed his appreciation to Walsh Colucci, specifically Randy Minchew and Sasha Brauer “for all their help and work guiding this through the process to allow Loudoun Mutual to continue to operate in the place where we were founded.”

 

Image Source: Loudoun Mutual Insurance Company

 

Fairfax County Board Approves Transit Oriented Applications in Tysons West

Two companion rezoning applications, both filed by Georgelas LLC as the developer representative, were approved by the Board of Supervisors on May 12th.  Technically separate applications, the West and North Spring Hill Station proposals were master planned and processed together. The West Spring Hill Station is located at the corner of Route 7 and Tyco Road in close proximity to the Spring Hill Metro Station.  Owned by The Templeton Foundation, Inc., West Spring Hill Station is the site of an Audi dealership.  The North Spring Hill Station site has frontage on both Tyco Road and the Dulles Toll Road, and is currently developed with a Tesla dealership, as well as industrial and telecommunication uses.

Rezoned to the Planned Tysons Corner Urban (PTC) District, together the applications are approved for 2.56 million square feet of mixed use development, including up to 1.01 million square feet of office uses and/or up to 1,583 residential units. The applications result in an expansion of the planned Tysons grid of streets, the creation of walkable urban blocks, and the development of eight new buildings and four new public parks.

Parks are always an important element in a Tysons proposal.  West Spring Hill Station provides 1.5 acres of neighborhood parks, including a dog park, open lawns, an art walk, and a sculptural child-centric playground. Two above grade parks are provided on North Spring Hill Station. The Galaxy Sports Deck provides a U-11 sized athletic field, two sport courts, and a playground atop a parking structure – a creative way to provide desired active recreation facilities in an urban setting. In contrast to this highly activated park, a Japanese styled contemplative Zen Garden is also planned.

Elizabeth Baker, Senior Land Use Planner, managed the entitlement process. Master planning and architectural styling by WDG Architects envisions sleek contemporary design and robust street activation. VIKA provided engineering and landscape architecture services.

 

Image Source: WDG Architects

New Senior Living Facility Along Lee Highway Approved

ARLnow reported on the recently approved 175-unit assisted living facility, Artis Senior Living, along Lee Highway which was guided through the approval process by land use attorneys Art Walsh and Nick Cumings.

 

[EXCERPT]

New Senior Living Facility Along Lee Highway Approved

The Arlington County Board has voted unanimously to approve a new, 175-unit assisted living facility along Lee Highway. The elder care center will replace a handful of single-family homes on a large parcel of property at the corner of Lee Highway and N. Taylor Street. In addition to more homes for seniors in need of memory care and assisted living services, the project includes environmentally-conscious features and a new 10,000+ square foot public open space. Read more

Alexandria City Council Approves Tall Ship Providence Maritime Center at Waterfront Park

On March 14, 2020, the Alexandria City Council approved special use permits submitted by the Tall Ship Providence Foundation which will allow the development of a new pier and maritime center for the Tall Ship Providence. The new developments will be exciting additions to Old Town’s Waterfront Park experience, and will fulfill the vision set forth in the Old Town Waterfront Small Area Plan. The Waterfront Small Area Plan was adopted in February of 2012. The Plan recognizes the important contributions of history and art to Alexandria and seeks to add them to a series of public spaces that comprise the waterfront, making specific mention of The Strand Park located along the waterfront between Prince and Wolfe Street. The Strand is a linear park along the waterfront that residents and staff identified as an opportunity to bring history and art back to the forefront of daily life in Alexandria.

The Plan sets forth various goals to achieve this, including attracting a tall ship to be docked and berthed along a new pier on the waterfront. Tall Ship Providence, an 18th century replica, will achieve this goal and will be docked at a 5,300 square-foot floating pier. The pier will include two 24-by-32-foot cottages to serve as a visitor center, a gift shop, restrooms, and a ticket office; as well as The Tall Ship Maritime Center which will include a theater for historical presentations. The site will finally realize the potential set forth in the plan; providing residents a connection to the City’s history and art scene with various opportunities for education and entertainment.

Land use attorney Cathy Puskar guided the Tall Ship Providence Foundation through the development review process, negotiating with City staff, and conducting significant community outreach.

“We’re very excited to have a home for the Tall Ship Providence. That’s been in the works for quite some time now,” Cathy Puskar told the commission.

All Images Courtesy of HGA