http://valocalitylaw.com/2010/06/24/zoning-and-privatization-of-virginias-abc-stores/ Blog on Virginia local government issues and legal concerns. Tue, 24 Jan 2012 12:06:18 +0000 hourly 1 http://wordpress.org/?v=3.1.3 http://valocalitylaw.com/2010/06/24/zoning-and-privatization-of-virginias-abc-stores/comment-page-1/#comment-238 Robert Frydrych Sat, 17 Jul 2010 18:13:04 +0000 http://valocalitylaw.com/?p=551#comment-238 It would seem to remove the burden of operating ABC stories from the state budget should only be a good thing. This would reduce a large part of government that has proven to work well in other states. Tax revenw would still be coming to the state on the sale of this product at a greatly reduced cost. Thats good business. It would seem to remove the burden of operating ABC stories from the state budget should only be a good thing. This would reduce a large part of government that has proven to work well in other states. Tax revenw would still be coming to the state on the sale of this product at a greatly reduced cost. Thats good business.

]]> http://valocalitylaw.com/2010/06/24/zoning-and-privatization-of-virginias-abc-stores/comment-page-1/#comment-151 Andrew McRoberts Mon, 28 Jun 2010 17:13:54 +0000 http://valocalitylaw.com/?p=551#comment-151 I do not think the issue exists in the scenario you mentioned -- where the zoning allows the use already. The issue could exist in those situations in which the use is currently not allowed (at all or without a conditional use permit or other zoning approval), but it exists because zoning does not apply to state uses. I do not think the issue exists in the scenario you mentioned — where the zoning allows the use already. The issue could exist in those situations in which the use is currently not allowed (at all or without a conditional use permit or other zoning approval), but it exists because zoning does not apply to state uses.

]]> http://valocalitylaw.com/2010/06/24/zoning-and-privatization-of-virginias-abc-stores/comment-page-1/#comment-150 Andrew McRoberts Mon, 28 Jun 2010 17:11:37 +0000 http://valocalitylaw.com/?p=551#comment-150 Good question! A nonconforming use (the proper legal term) is a use once legal, made illegal through a change in the zoning ordinance. Would this legal principle come into play when a use was illegal under the zoning ordinance (albeit allowed because the Commonwealth is not subject to local zoning), and then the ownership/control goes from Commonwealth to private? The change proposed here is ownership from public to private, not any change in zoning. The legal principle would not come into play if the use was legal under the zoning ordinance at the time of privatization, and no issue would arise. Good question! A nonconforming use (the proper legal term) is a use once legal, made illegal through a change in the zoning ordinance. Would this legal principle come into play when a use was illegal under the zoning ordinance (albeit allowed because the Commonwealth is not subject to local zoning), and then the ownership/control goes from Commonwealth to private? The change proposed here is ownership from public to private, not any change in zoning. The legal principle would not come into play if the use was legal under the zoning ordinance at the time of privatization, and no issue would arise.

]]> http://valocalitylaw.com/2010/06/24/zoning-and-privatization-of-virginias-abc-stores/comment-page-1/#comment-130 Milly Fri, 25 Jun 2010 14:25:35 +0000 http://valocalitylaw.com/?p=551#comment-130 I do not clearly understand why localities feel that a privately owned liquer store will fit in a community any differently than the liquer stores we have now. They will be in areas zoned for commerical business as now. Other zoning requirements will certainly apply such as signage and parking. It seems like people are panicking over nothing. I do not clearly understand why localities feel that a privately owned liquer store will fit in a community any differently than the liquer stores we have now. They will be in areas zoned for commerical business as now. Other zoning requirements will certainly apply such as signage and parking. It seems like people are panicking over nothing.

]]> http://valocalitylaw.com/2010/06/24/zoning-and-privatization-of-virginias-abc-stores/comment-page-1/#comment-128 Nathan Hughes Thu, 24 Jun 2010 21:21:41 +0000 http://valocalitylaw.com/?p=551#comment-128 Would grandfathering (not sure the proper legal terminology for that concept) come into play at all? Would grandfathering (not sure the proper legal terminology for that concept) come into play at all?

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