Archive for July, 2009

Tanner v. City of Virginia Beach, Part Two: Lingering Questions and the “Due Process Clause” Applied to Local Noise Ordinances

Beyond the direct impacts on local government noise regulation resulting from the Tanner v. City of Virginia Beach case, (see previous blog post below), there are some questions that arise. These questions arise from the Virginia Supreme Court’s reliance on the “Due Process Clause” – all caps, with no citation – to strike down the […]


Tanner v. City of Virginia Beach, Part One: Impacts on Local Government Noise Ordinances

I have prosecuted noise ordinance violations, litigated the very issues decided by the Virginia Supreme Court in Tanner, and authored the LGA/VML amicus curiae brief filed in that case. Like many local government attorneys and their clients, I am struggling with the case’s impacts on local government noise ordinances. In its opinion, the Virginia Supreme […]


The Power of Grassroots Campaigns, Both For and Against Development

One thing that we have all seen as local government lawyers is the ability of a large (and sometimes even a small) group of vocal citizens to alter the results of a vote on a rezoning or other local ordinance. To me, this involvement is healthy. Citizen involvement is a hallmark of local government, the […]