Archive for the ‘development’ Category

Re-Districting After Shelby County v. Alabama: a Volatile Mix of Race and Politics

In 2012, following the 2010 decennial census, Virginia re-drew the boundaries of its Congressional Districts.  In 2013, plaintiffs brought a Voting Rights Act challenge to that re-districting.  They alleged that the re-districting unconstitutionally packed African-American voters into a small number of Districts.  The suit was ultimately defended by Virginia’s Republican Congressional delegation and was initiated […]


What To Do About Blight? Virginia Localities’ Blight Toolbox

Looks like blight. Or is it? And what can a locality do about it? One of the problem issues for Virginia local governments and their officials and employees across the state is how to deal with blight. Such structures, singular or in groups, can become a large problem to a community.  Often, historic structures fall […]


Top 10 Take-Aways from Webinar on New Tax Assessment Appeal Legislation

On May 12, 2011, Sands Anderson PC held a webinar for local government attorneys, assessors, Commissioners of the Revenue, Boards of Equalization and local government staff involved in the local government assessment and appeal process.  The Virginia Municipal League’s Mark Flynn and myself served on the panel. The webinar was a big success!  About 130 […]


Guest Post on Musings: Virginia Infrastructure Needs Hurt Economic Development

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 […]


Classifying to Not Tax Residential Property: Constitutional? FFW Enterprises v Fairfax County

Constitutional issues related to classification of property for taxation were at issue in FFW Enterprises v. Fairfax County, another opinion issued by the Virginia Supreme Court on November 4, 2010.


Virginia BZAs Get “Off the Hook” on Appeal

The 2010 Virginia General Assembly adopted HB 1063, which is a helpful simplification of the process by which BZA decisions are appealed to circuit court. It is effective July 1, 2010, and is published at 2010 Virginia Acts of Assembly chapter 241.


Issues with Cash Proffer ‘Delayed Payment’ Law

A number of local government attorneys have been asking tough questions about HB 374 and SB 632, identical bills which became effective law on July 1. 2010 Va Acts of Assembly ch. 549, 2010 Va Acts of Assembly ch. 613.


Latest on Vested Rights

BIG BOX MUST COMPLY WITH HISTORIC OVERLAY IN ABINGDON The latest vested rights decision in the Commonwealth has been passed down from Judge C. Randall Lowe of the Twenty-eighth Judicial Circuit, sitting in the Washington County Circuit Court. The case is Commonwealth-Abingdon Partners, L.P. v. Town of Abingdon, Case No. CL08-47. You can read the […]


Timely Written Notice of Construction Claims Means Just That

Virginia Court of Appeals interprets language from Va Code § 33.1-386, identical to language in the Virginia Public Procurement Act In their recent article, the Sands Anderson Marks & Miller construction litigation team commented on the Virginia Court of Appeals case, Commonwealth v. AMEC Civil, LLC, 54 Va. App. 240, 677 S.E.2d 633 (2009). Their […]


Unintended Effect of Proposed Stormwater Regs on New Urbanism?

Sands Anderson Marks & Miller’s environmental law team has a new post that raises some important issues. As written, could the Virginia Department of Conservation and Recreation’s proposed new storm water regulations pose an unintended obstacle to the redevelopment of our urban areas, and run counter to the many localities’ desire – and in high […]