Virginia Supreme Court Opinions Affecting Local Government Law – April 16, 2015

By: Andrew McRoberts.

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 the Freedom of Information Act after release of a document by a Sheriff, and included the long-awaited opinion in the appeal from the State [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law – February 26, 2015

By: Andrew McRoberts.

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.  The other addresses the difference between a local government and its constitutional officers (a sheriff) in [...]

 

An ICE Detainer is Merely a Request—Not a Requirement

By: Michelle L. Warden.

Written by Jim Cornwell and Michelle Warden Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and Customs Enforcement (“ICE”) on file. The Commonwealth of Virginia’s Office of the Attorney [...]

 

T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

By: Andrew McRoberts.

By Andrew R. McRoberts and Cullen D. Seltzer 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 Act of 1996 (the “Act”), which provides that a locality’s denial [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law – January 8, 2015

By: Andrew McRoberts.

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 Commission to address issues other than compensation, Virginia Department of Health to regulate smoking at a hookah bar, State Tax Commissioner to [...]

 

Times-Dispatch Editorial Shines Light on Andrew McRoberts Representation

By: Andrew McRoberts.

Times-Dispatch Editorial shines light on Andrew McRoberts Representation Published on: 8/31/2014 The Sunday, August 31, 2014 issue of the Richmond Times-Dispatch included the editorial “No” covering the zoning application that Richmond City Council is considering for The James at River’s Bend condominium development near Libby Hill Park.  Andrew McRoberts is referenced throughout the editorial as providing [...]

 

Andrew McRoberts Argues Minimizing Historic Impacts of Powerlines and Zoning Preemption on Appeal to Virginia Supreme Court

By: Andrew McRoberts.

On Tuesday, January 6, 2015, the appeal of the State Corporation Commission’s grant of a certificate of public convenience and necessity for two powerlines and a switching station was heard by the Virginia Supreme Court. Significant issues included to what extent minimization of impacts on historic sites is mandated to the SCC in a certificate [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

By: Andrew McRoberts.

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 school law, and one related to DSS law.  As always, congratulations to the winners! The case summaries are taken [...]

 

Seven Attributes of Good Local Government Leadership

By: Andrew McRoberts.

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 elected and appointed local government officials that help and those that hurt.  In [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law: September 12, 2014

By: Andrew McRoberts.

The Virginia Supreme Court issued opinions this 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 related to law enforcement — one tort case and one “gap” pay case.  As always, congratulations to the winners! The case summaries [...]