It is a new world in local government land use… following the recent state legislation allowing registries to be established, localities are wise to adopt regulations on Airbnb and VRBO and similar short stay uses....more
Your local government (county, city or town) is there to serve. The local government regulates the owners of your association through zoning, taxes them on your real estate and personal property, and provides services such...more
Happy Fall!
The Virginia Supreme Court issued a number of opinions since my last update affecting local government law. Its work resulted in opinions addressing...more
9/8/2017
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Article I ,
Custodian of Records ,
Disability Benefits ,
Inverse Condemnation ,
Municipalities ,
Public Employees ,
Standing ,
VA Supreme Court ,
Vesting ,
Wrongful Termination
The Virginia Supreme Court issued one additional opinion in September affecting local government law, on September 22, 2016. This opinion addressed the priority to be given a local government special assessment lien over a...more
The Virginia Supreme Court, interpreting the Virginia Constitution’s speech and debate clauses, has recognized a legislative privilege from responding to a document subpoena substantially similar to that of the better-known...more
The Virginia Supreme Court issued two opinions in September affecting local government law. Its work resulted in opinions addressing legislative privilege from document requests, and applying a local government tax exemption...more
The Virginia Supreme Court issued a number of opinions this Spring and Summer in recent terms. Its work resulted in several opinions affecting Virginia local (and state) government law, in the areas of Virginia...more
8/15/2016
/ Condemnation ,
Declaratory Judgments ,
Hiring & Firing ,
Homeowners Association (HOA) ,
Liability Insurance ,
Natural Gas ,
Plat Maps ,
Redevelopment ,
Reversal ,
Sales & Use Tax ,
State and Local Government ,
Subdivision ,
Subject Matter Jurisdiction ,
VA Supreme Court ,
Voter Registration ,
Writ of Mandamus
The Virginia Supreme Court issued opinions on February 12, 2016, just before Jane Marum Roush’s second interim gubernatorial appointment to the Virginia Supreme Court expired....more
The Virginia Supreme Court issued opinions on September 17, 2015 during its recent term. This term resulted in one opinion affecting Virginia local government law, in the area of the Freedom of Information Act. The opinion...more
The Virginia Supreme Court issued opinions on June 4, 2015 during its June term. This term resulted in two opinions affecting Virginia local government law. These opinions addressed defamation alleged from statements by a...more
6/23/2015
/ Arbitration ,
Beachfront Properties ,
County Planning Commissions ,
Defamation ,
Easements ,
Email ,
First Amendment ,
Hiring & Firing ,
Property Owners ,
Public Officials ,
Termination ,
Tortious Interference ,
VA Supreme Court
The Virginia Supreme Court issued opinions this morning during its April term. This term resulted in several opinions affecting Virginia local government law. Opinions addressed evidence in a condemnation case, interpreted...more
4/17/2015
/ Appeals ,
Appraisal ,
Case Consolidation ,
Condemnation ,
Criminal Prosecution ,
Evidence ,
FOIA ,
Power Plants ,
Preemption ,
Property Valuation ,
Transmission Lines ,
VA Supreme Court
This term resulted in two cases which, in our opinion, affect Virginia local government law. One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision....more
On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell.
At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications...more
Happy New Year! The Virginia Supreme Court issued opinions yesterday, its first term for 2015. This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation...more
Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more
As a long-time local government attorney, I have had the opportunity to study local government officials a lot. Over the years, I have sat on the dais or in the meeting room or in a conference room and examined the traits of...more
The Virginia Supreme Court issued opinions Friday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term resulted in two both...more
Today, the Court handed down its ruling in Town of Greece. In a sweeping ruling, the Court upheld the local government’s religious invocations in a 5-4 decision. The ruling pretty dramatically and explicitly broadens the...more
The Virginia Supreme Court issued opinions yesterday morning. After last term issuing no opinions significantly affecting Virginia Local Government Law (at least not in this author’s judgment), this term’s opinions are a...more
4/18/2014
It happens in January, every year. The General Assembly convenes and considers all manner of bills that localities support or oppose. And localities get nervous. More nervous than most Assembly-watchers, I say....more
The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more
When the Virginia Supreme Court issued the opinion in Martin v. City of Alexandria on June 7, 2013, it gave some guidance of the current state of the legal standard for a Board of Zoning Appeals to grant a variance. This...more
Recently, I spoke to a group of local government officials and staff and other interested persons on the history of vested rights in Virginia, the recent vested rights cases decided in 2012 and 2013, and the state of the law...more
The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website, click on the Record Number to read opinion)...more
The Virginia Supreme Court issued new opinions this morning, some of which affect local government law. Here they are (summaries taken from the Virginia Supreme Court website):
PKO Ventures, LLC v. Norfolk Redev’t &...more