Archive for January, 2015

An ICE Detainer is Merely a Request—Not a Requirement

Written by Jim Cornwell and Michelle Warden Law enforcement officers and agencies are often faced with deciding whether they are required to detain an otherwise releasable prisoner when there is a detainer on the prisoner from the federal Department of Immigration and Customs Enforcement (“ICE”) on file. The Commonwealth of Virginia’s Office of the Attorney […]


T-Mobile South, LLC v. City of Roswell – Contemporaneous Reasons Needed for Denying Cell Towers

By Andrew R. McRoberts and Cullen D. Seltzer On January 14, 2014, the United States Supreme Court issued its opinion in T-Mobile South, LLC v. City of Roswell. At issue was the breadth of the requirement in 47 U.S.C. § 332(c)(7)(B)(iii) of the Telecommunications Act of 1996 (the “Act”), which provides that a locality’s denial […]


Virginia Supreme Court Opinions Affecting Local Government Law – January 8, 2015

Happy New Year!  The Virginia Supreme Court issued opinions yesterday, its first term for 2015.  This term resulted in cases which, in various ways, deal with the authority of government entities (Workers Compensation Commission to address issues other than compensation, Virginia Department of Health to regulate smoking at a hookah bar, State Tax Commissioner to […]


Times-Dispatch Editorial Shines Light on Andrew McRoberts Representation

Times-Dispatch Editorial shines light on Andrew McRoberts Representation Published on: 8/31/2014 The Sunday, August 31, 2014 issue of the Richmond Times-Dispatch included the editorial “No” covering the zoning application that Richmond City Council is considering for The James at River’s Bend condominium development near Libby Hill Park.  Andrew McRoberts is referenced throughout the editorial as providing […]


Andrew McRoberts Argues Minimizing Historic Impacts of Powerlines and Zoning Preemption on Appeal to Virginia Supreme Court

On Tuesday, January 6, 2015, the appeal of the State Corporation Commission’s grant of a certificate of public convenience and necessity for two powerlines and a switching station was heard by the Virginia Supreme Court. Significant issues included to what extent minimization of impacts on historic sites is mandated to the SCC in a certificate […]