Are you a “large employer” and are you ready for the Affordable Care Act?  Beginning January 1, 2014, most U.S. citizens and legal residents will be required to have qualified health care coverage pursuant to the Affordable Care Act (“Act”).   The Act requires employers defined as “large” to offer that coverage for its “full-time” employees [...]

Happy Anniversary, FMLA! For local government employers having 50 or more employees, the FMLA is already part of your employment law world. Now, in conjunction with the 20th anniversary of the Family and Medical Leave Act (FMLA), the Department of Labor’s Wage and Hour Division (WHD) issued new regulations along with an updated poster requirement [...]

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 [...]

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 [...]

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 [...]

Today, the Virginia Supreme Court issued one opinion affecting Virginia local government law.  Congratulations to the County of Albemarle and the City of Charlottesville!  The Local Government Attorneys of Virginia supplied an amicus brief.  This opinion, yet again, shows how critical the preliminary, jurisdictional issue of a “justiciable controversy” can be in a declaratory judgment case. 110741 Charlottesville [...]

At the LGA’s Fall 2012 Conference, I was surprised and proud to receive from the Local Government Attorneys of Virginia its Edward J. Finnegan Award for Distinguished Service.  It is the LGA’s highest honor.  My long-time friends, Walter Erwin of Lynchburg, and Rhysa South of Henrico , presented the award to me.  Water spoke briefly about [...]

Today, the Virginia Supreme Court issued opinions affecting Virginia local government law, and evidently, the City of Virginia Beach and the law of beach replenishment: 112193 3232 Page Ave. Condo. Ass’n v. City of Virginia Beach 11/01/2012 In a city’s suit to condemn certain easements in connection with a beach replenishment project, while alternatively claiming ownership of [...]

Over the coming week, I’ll be on the road again, in Alexandria and in Lynchburg, speaking on local government law topics. First, at the Local Government Attorneys of Virginia conference in Alexandria, I’ll be speaking on Virginia case law.  All of these cases have been mentioned on this blog.  I’m looking forward to serving on [...]

On September 14, 2012, the Virginia Supreme Court issued no opinions affecting the practice of Virginia local government law.  Actually, that is not true.  While no opinions involved cases with local government parties, and may not deal with “local government law,” per se, one opinion addresses issues of which local governments should be aware.  This case, involving [...]