Bankruptcy From a Governmental Perspective

By: William A. Gray.

The National Association of Attorneys General (NAAG), together with the States’ Association of Bankruptcy Attorneys (SABA), held their annual seminar, “Bankruptcy From a Governmental Perspective”, on October 6 – 9, 2013, in Santa Fe New Mexico.  The conference was held under the auspices of the National Attorneys General Training and Research Institute (NAGTRI).  Government attorneys [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law September 12, 2013

By: Andrew McRoberts.

The Virginia Supreme Court issued new opinions this morning, some of which affect local government law.  Here they are (summaries taken from the Virginia Supreme Court website): PKO Ventures, LLC v. Norfolk Redev’t & Housing Auth. 09/12/2013 In a condemnation proceeding in which the property owner asserted that a redevelopment and housing authority lacked the [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law June 6, 2013

By: Andrew McRoberts.

The Virginia Supreme Court issued new opinions yesterday, some of which affect local government law.  Here they are (summaries taken from the Virginia Supreme Court website): Friends of the Rappahannock v. Caroline Cnty. Bd. Sups. 06/06/2013 In ruling on a demurrer and motion to dismiss a declaratory judgment complaint brought by a conservation organization and [...]

 

After Many Years, US Supreme Court Again Takes On Legislative Prayer

By: Cullen Seltzer.

Cullen D. Seltzer, Esquire, litigator and colleague here at Sands Anderson PC, recently shared his report about a key legislative prayer case going to be decided by the United States Supreme Court.  Given the number of legislative prayers that we local government attorneys witness and are asked to opine upon, it should be watched carefully. [...]

 

Are You Ready for the Affordable Care Act?

By: Andrew McRoberts.

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 Family and Medical Leave Act (FMLA)! New Regs Effective Today

By: Andrew McRoberts.

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 [...]

 

Virginia Supreme Court Opinions Affecting Local Government Law Feb. 28, 2013

By: Andrew McRoberts.

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 [...]

 

When is a Zoning Amendment a “Substantial Burden” under RLUIPA? The Fourth Circuit Speaks

By: Andrew McRoberts.

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 [...]

 

What Law Enforcement Personnel and Incident Records Must Be Disclosed Under Virginia Freedom of Information Act? Guidance by Order of the Virginia Supreme Court

By: Andrew McRoberts.

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 [...]

 

Virginia Supreme Court Opinion Affecting Local Government Law, January 10, 2013

By: Andrew McRoberts.

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 [...]