Virginia Supreme Court Opinions Affecting Local Government Law October 31, 2013

by Sands Anderson PC
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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):

122035 Amin v. County of Henrico 10/31/2013 The Court of Appeals erred in concluding that it lacked jurisdiction to consider an appellant’s assignment of error, added after the petition for appeal had already been granted, asserting that his conviction on a firearms offense was void ab initio because of the absence of a county ordinance incorporating the crime charged. The judgment is reversed and the case is remanded to the Court of Appeals.

130062 Old Dominion Boat Club v. Alexandria City Council 10/31/2013 In an action to enforce an easement by injunction, the acquisition of a fee simple interest in a public way by a city, pursuant to a local ordinance, did not extinguish the pre-existing easement over that way when there has been no implied or express dedication of that easement by its holder. Plaintiff has a vested easement over this street. The judgment of the circuit court is reversed and the case is remanded for entry of appropriate injunctive relief.

130954 Elizabeth River Crossings v. Meeks 10/31/2013 The General Assembly did not unconstitutionally delegate its power of taxation to the Virginia Department of Transportation (VDOT) and Elizabeth River Crossings OpCo, LLC (ERC), as the concessionaire responsible for financing, design, construction, operation, and maintenance of a multi-tunnel highway transportation improvements project in the Norfolk/Portsmouth area, under the terms of the Public-Private Transportation Act of 1995, Code § 56-556 et seq. The General Assembly properly delegated to VDOT the legislative power to impose and set the rates of user fees, and this legislative power was not impermissibly delegated to ERC under the Act. The comprehensive agreement between the department and ERC also did not abridge the Commonwealth’s police power. The judgment of the circuit court is reversed and final judgment is entered in favor of VDOT and ERC. Combined case with Record No. 130955

130955 VDOT v. Meeks 10/31/2013 The General Assembly did not unconstitutionally delegate its power of taxation to the Virginia Department of Transportation (VDOT) and Elizabeth River Crossings OpCo, LLC (ERC), as the concessionaire responsible for financing, design, construction, operation, and maintenance of a multi-tunnel highway transportation improvements project in the Norfolk/Portsmouth area, under the terms of the Public-Private Transportation Act of 1995, Code § 56-556 et seq. The General Assembly properly delegated to VDOT the legislative power to impose and set the rates of user fees, and this legislative power was not impermissibly delegated to ERC under the Act. The comprehensive agreement between the department and ERC also did not abridge the Commonwealth’s police power. The judgment of the circuit court is reversed and final judgment is entered in favor of VDOT and ERC. Combined case with Record No. 130954

 

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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