Virginia Local Tax Assessment Appeals: State of the Law 2011 Register for this event May 4, 2011 Noon – 2:00 p.m. Presented by the Virginia Local Government Team of attorneys at Sands Anderson PC. Faculty: Mark Flynn, Director of Legal Services, Virginia Municipal League Andrew R. McRoberts, Local Government Attorney, Sands Anderson PC FREE SESSION [...]

Today, my first guest post went up on Chris Hill’s Construction Law Musings blog!  It is entitled, “Virginia Infrastructure Needs Hurt Economic Development.”  Feel free to click on the link to read it. As a long-time local government attorney who has observed first-hand the effects of a lack of public infrastructure funding in Virginia, I [...]

The Virginia Supreme Court handed down several opinions impacting the practice of Virginia Local Government Law today.  These summaries are pulled from the Virginia Supreme Court website. They include: 092158 Ford Motor Credit Co. v. Chesterfield County   In ruling on a taxpayer’s application for refund of business, professional and occupational license taxes paid to a county, [...]

The Virginia General Assembly adjourned on Sunday, and during its 2011 session, considered, amended, killed and/or adopted thousands of pieces of legislation, plus the Virginia budget.  During the session, the state legislature adopted some important changes in the law affecting local governments.  Over the coming weeks, I will be touching on some of the most significant bills.  [...]

As discussed in the last post, many localities are struggling after the Virginia Supreme Court’s opinion in Tanner v. City of Virginia Beach to adopt ordinances to comply with that decision.  No longer can localities use a “reasonable person” standard in a criminal noise ordinance without risking a run-in with Tanner. What can replace that [...]

This blog predicted that the decision by the Virginia Supreme Court in Tanner v. City of Virginia Beach would likely have significant impacts on local governments and their citizens. Forecast has become fact, as ordinances across the state have been struck down or charges dismissed. In the City of Richmond, a noise ordinance adopted after the Tanner decision was [...]

What is the proper balance between free speech, with its encouragement of open dialog and debate, and the need for order and civility to accomplish the goals of a public meeting?  What are the rights of the public attending a meeting to speak to the public body? Do the members of the public body have a right [...]

For years, Virginia local government attorneys believed that an absolute legislative privilege attached to reports and statements by staff and others to the elected officials at a meeting of a local governing body.  Legislative bodies like our local elected boards and councils should have an absolute privilege for good reason. Frank advice and reports from staff, [...]

This opinion affecting local government law was handed down by the Virginia Supreme Court on January 13, 2010.   Analysis will be forthcoming on this blog.   The following is the summary from the Virginia Supreme Court website: 091693 Isle of Wight County v. Nogiec 01/13/2011 In a lawsuit charging a county with breach of an employment severance [...]

After a six-year legal battle, Arlington County, Virginia may have finally prevailed in its plan to create affordable housing one block from the Clarendon Metro station.  See official County statement here.