Archive for September, 2009

Virginia Supreme Court Reverses Fees and Costs for City’s Nonsuit

The Virginia Supreme Court has overturned a grant of attorneys fees and costs to a landowner upon the City’s nonsuit pursuant to Virginia Code § 8.01-380(B). In the case, the Supreme Court addressed what constitutes a “second nonsuit” in a local government tax sale case, and clarified the 21-day rule when circuit courts grant nonsuit [...]

 

Social Media and the Local Government

Recently, there was discussion among LGA attorneys about social media and local government. Some reasonable questions were raised. Among them: Do we have authority to do this? What legal exposure are we creating? Is there a public forum being created? Much like newsletters, websites, cable programming, notices in the newspaper, and posted signs, the so-called [...]

 

Family Subdivisions: Benefit to the Family or Opportunity for Abuse?

Family subdivisions (sometimes called “family transfers”) are under fire in the news. According to the published accounts, the Suffolk City planning director is investigating at least two family transfer deals that are potentially unlawful. Adding to the controversy, the legal work on these two deals was reportedly handled by the mayor’s husband. Tough spot for [...]

 

Latest on Vested Rights

BIG BOX MUST COMPLY WITH HISTORIC OVERLAY IN ABINGDON The latest vested rights decision in the Commonwealth has been passed down from Judge C. Randall Lowe of the Twenty-eighth Judicial Circuit, sitting in the Washington County Circuit Court. The case is Commonwealth-Abingdon Partners, L.P. v. Town of Abingdon, Case No. CL08-47. You can read the [...]