Virginia Supreme Court Opinion Affecting Local Government Law: September 22, 2016

By: Andrew McRoberts, Editor.

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 deed of trust. The case summary is taken from the Virginia Supreme Court opinions website.  Click on the case number to read […]

 

Legislature to Litigants: “Can’t Touch This!” – Virginia Supreme Court Recognizes Legislative Privilege

By: Cullen Seltzer.

Co-authors: Cullen D. Seltzer and Andrew R. McRoberts 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 federal privilege.  Edwards v. Resilind, decided by opinion of Justice Lemons without concurrence or dissent, arose in […]

 

Virginia Supreme Court Opinions Affecting Local Government Law: September 15, 2016

By: Andrew McRoberts, Editor.

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 ordinance. The case summary is taken from the Virginia Supreme Court opinions website. Click on the case number to read the opinion. 151701 Miller & […]

 

Virginia Supreme Court Opinions Affecting Local Government Law: April 28, June 23, June 30 and July 22, 2016

By: Andrew McRoberts, Editor.

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 Constitutional Law, taxation of utilities, insurance coverage by the Virginia Association of Counties, grievances within a redevelopment and housing authority, assessment […]

 

Tasing is for Safety, Not Punishment: Even Non-Lethal Force Can be Deadly

By: Cullen Seltzer.

South Boston police responded to the local Super 8 Motel in the wee hours of May 3, 2013. They came because they’d received phone calls from Linwood Lambert, Jr. asking somewhat unclearly for help. When they arrived, they found Lambert’s room in shambles, with blood stains about, and a white discharge around Lambert’s nose. Lambert […]

 

Virginia Supreme Court Opinions Affecting Local Government Law: December 17, 2015, January 14, 2016 and February 12, 2016

By: Andrew McRoberts, Editor.

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. This author does not typically make political commentary, but in this case, I will make an exception.  No matter how this situation happened, I hope that this issue will be […]

 

Re-Districting After Shelby County v. Alabama: a Volatile Mix of Race and Politics

By: Cullen Seltzer.

In 2012, following the 2010 decennial census, Virginia re-drew the boundaries of its Congressional Districts.  In 2013, plaintiffs brought a Voting Rights Act challenge to that re-districting.  They alleged that the re-districting unconstitutionally packed African-American voters into a small number of Districts.  The suit was ultimately defended by Virginia’s Republican Congressional delegation and was initiated […]

 

Lights, Camera, Action: Entering the Age of Electronic Law Enforcement with the Use of Body-Worn Cameras

By: Michelle L. Warden.

This article was originally published in the Journal of Local Government Law, a publication of Local Government Section of the Virginia State Bar. It is posted here with copyright permission. Rapid technological advancements are putting law enforcement agencies across the country in a difficult position. It is now easier than ever for citizens to record […]

 

Virginia Supreme Court Opinion Affecting Local Government Law: September 17, 2015

By: Andrew McRoberts, Editor.

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 addresses the need – actually, the lack of a need – to redact documents when a portion of a […]

 

Police Shooting of Unarmed Suspect Who Threatened with Fake Gun Deemed Reasonable

By: Michelle L. Warden.

     Written by Michelle L. Warden and Cullen D. Seltzer Police Officers are often faced with unimaginable circumstances that most of society runs away from.  However, police officers took the oath to protect and serve, and to run towards that danger.  Sometimes, running towards that danger means that an officer will have to make a […]