Archive for the ‘fairly debatable standard’ Category

Virginia Supreme Court Opinions Affecting Local Government Law: December 17, 2015, January 14, 2016 and February 12, 2016

The Virginia Supreme Court issued opinions on February 12, 2016, just before Jane Marum Roush’s second interim gubernatorial appointment to the Virginia Supreme Court expired. This author does not typically make political commentary, but in this case, I will make an exception.  No matter how this situation happened, I hope that this issue will be […]


Fairly Debatable Standard Upheld: Town of Leesburg v Giordano

In Town of Leesburg v Giordano, the Virginia Supreme Court faced clearly-settled law but an interesting argument. And, as can happen in such cases, it resulted in a well-reasoned majority opinion and a strongly-worded dissent.