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 [...]

By Karen Elliott, Esquire On Monday evening, Phil Baxa, my good friend and colleague, stood in my office, chatting about “work stuff,”

The Local Government Attorneys of Virginia (LGA) held its Fall 2010 conference in Roanoke late last week. And we were active.

Following up the recent posts on this blog regarding sanctions, The Locality Strikes Back: Sanctions (Part 1) and The Locality Strikes Back: Sanctions (Part 2), it is still tough to get a court to order sanctions for many reasons.

Recently, I was chosen by Virginia Lawyers Weekly as one of its “Leaders in the Law” for 2010.

Thursday, October 7, 2010 was a normal, sunny blue-sky day in my firm’s high-rise office building, until it wasn’t. In mid-afternoon, it all started with hearing a loud bang, feeling a jolt through my chair and seeing the power flicker briefly, then no other sign of trouble. My Thursday was back to normal. Or so [...]

The second significant local government law opinion from the Virginia Supreme Court in September was County of Albemarle v. Keswick Club, L.P. (Keswick II). This opinion addresses what happens after a finding that an assessor has failed to consider and properly reject alternate valuation methods. After such a “failure,” what is the “next step” a [...]