Archive for April, 2010

Can You Sue a Board of Equalization in Virginia?

J&D Partnership v. Board of Equalization Loudoun County Circuit Court, Civil Action No. 58503 In 2008, as the real estate market stagnated, the Loudoun County Board of Equalization (BOE) received a huge spike in assessment appeals, far more than in the past. This was especially true with appeals of assessments for commercial properties, which are [...]

 

Va Supreme Court Opinions re: Local Government 4/15/10

The Virginia Supreme Court issued three opinions involving localities as parties on April 15, 2010: 090659 City of Alexandria v. J-W Enterprises, Inc. 04/15/2010 In a contribution suit, the trial court did not err in finding that an off-duty police officer working an “extra-duty detail” at a restaurant was performing a public function when he [...]

 

The Push and Pull of BZAs and Variances

Recently, I helped the CPEAV train members of Boards of Zoning Appeals for various localities. The group of appointed zoning officials was lively and interested in the law they were expected to apply. But through their questions and comments, I was reminded just how difficult it can be to apply the legal standard for a [...]