Archive for February, 2013

Virginia Supreme Court Opinions Affecting Local Government Law Feb. 28, 2013

Today, the Virginia Supreme Court issued several opinions affecting Virginia local government law.  The opinions run the gamut from the voluntary payment doctrine, to vested rights in zoning, to the county claims statute. Congratulations to the local governments who prevailed. The summaries below are from the Virginia Supreme Court website.  Click on the case number [...]

 

When is a Zoning Amendment a “Substantial Burden” under RLUIPA? The Fourth Circuit Speaks

On January 31, 2013, the Fourth C ircuit Court of Appeals issued its opinion in the case of Bethel World Outreach Ministries of Montgomery County v. Montgomery County Council. In this opinion, the Fourth Circuit clarified the standard the courts should apply when a claim is made under the Religious Land Use and Institutionalized Persons [...]

 

What Law Enforcement Personnel and Incident Records Must Be Disclosed Under Virginia Freedom of Information Act? Guidance by Order of the Virginia Supreme Court

The Virginia Supreme Court published an order dated February 8, 2013 in the case of Harmon v. Ewing, giving guidance to Virginia law enforcement agencies and local government attorneys working with them.  The case involves an extensive request under the Virginia Freedom of Information Act to the the James City County Police Department.  The decision [...]