Chacey v. Garvey, 291 Va. 1

Summary

The Supreme Court of Virginia interpreted Code § 55-332(B), governing damages for timber trespass. The Court held that directly associated legal costs do not include attorney’s fees, but affirmed that reforestation costs and other statutory damages may be awarded without proof of the timber’s value on the stump. The judgment was affirmed in part, reversed in part, and remanded.

Holdings

1. Code § 55-332(B) permits recovery of directly associated legal costs incurred as a result of the trespass, but does not authorize recovery of attorney's fees. Because Virginia follows the American Rule and the statute does not expressly provide for attorney's fees, the trial court erred in awarding them.
2. Proof of the value of timber on the stump is not a prerequisite to recovery of reforestation costs, costs of ascertaining timber value, or directly associated legal costs under Code § 55-332(B).

Questions Presented

1. Whether the phrase "directly associated legal costs" in Code § 55-332(B) authorizes recovery of attorney's fees in a timber-trespass action.
2. Whether a timber owner must prove the value of timber on the stump before recovering reforestation costs, costs of ascertaining timber value, or directly associated legal costs under Code § 55-332(B).

Disposition

reversed_and_remanded