Va Supreme Court Opinions Affecting Local Government Law: March 4, 2011


The Virginia Supreme Court handed down several opinions impacting the practice of Virginia Local Government Law today. These summaries are pulled from the Virginia Supreme Court website. They include:

092158 Ford Motor Credit Co. v. Chesterfield County

In ruling on a taxpayer’s application for refund of business, professional and occupational license taxes paid to a county, the circuit court erred in holding that all the taxed gross receipts from a car manufacturer’s credit and financing subsidiary’s local branch were attributed to the exercise of a privilege subject to licensure at the branch within the county under Code § 58.1-3703.1(A)......

2323 Johnson v. Woodard

In proceedings following petitions to remove members of a county board of supervisors pursuant to Code §§ 24.2-233 and 24.2-235 for alleged neglect of duty and misuse of office, a nonsuit order granted by the circuit court avoided the application of the 21-day time period of Rule 1:1 by including specific language stating that the court was retaining jurisdiction to address matters still pending, and that “for the purposes of Rule 1:1, this is not a final order.”......

092385 Lee v. City of Norfolk

In an action for alleged constitutional, statutory and common-law wrongs by a city in demolishing a building needing repair on the plaintiff’s property that the city had deemed to be a public nuisance, there is no reversible error in the circuit court’s dismissal, upon demurrer and pleas in bar, of the claims for compensation and damages.....

092486 Fairfax Redevelopment and Housing Authority v. Riekse

In an action by a county for specific performance, the circuit court’s determination that it could not order the former owners of a parcel to perform because it was impossible for them to offer the parcel to the county under a right of first refusal to repurchase the land was correct....

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