Posts Tagged ‘Virginia Supreme Court’

Noise Ordinances Being Struck Down Post-Tanner: The Problem of Decibels

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 [...]

 

Noise Ordinances Being Struck Down Post-Tanner: What’s A Locality To Do?

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 [...]

 

Va Supreme Court Opinion Affecting Local Government Law: January 13, 2011

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 [...]

 

Service District Ordinance Upheld: Nageotte v. Board of Supervisors of Stafford County

As in the Virginia Supreme Court’s November 4, 2010 FFW Enterprises v. Fairfax County opinion, the issue of excluding residential properties by classification from a special tax was addressed the same day

 

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.

 

West Creek Redux? TB Venture LLC v Arlington County

Another opinion issued by the Virginia Supreme Court on November 4, 2010, TB Venture LLC v Arlington County involved the proper assessment of a 21-unit condominium development in urban Arlington County, which is a lot different

 

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.

 

Va Supreme Court Opinions Affecting Local Governments, Nov 4, 2010

Summaries from the Virginia Supreme Court website of today’s opinions affecting Virginia local government law: http://www.courts.state.va.us/scndex.htm

 

After Failure But Not Error: County of Albemarle v. Keswick Club (Keswick II)

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 [...]

 

Arogas v. Frederick County BZA: Proffer Amendment After the Public Hearing

The Virginia Supreme Court handed down two significant cases on local government law on September 16, 2010. One was a proffered zoning case. Arogas v. Frederick County BZA deals with a proffer amendment made by the Board of Supervisors at the meeting but after the public hearing, and agreed to in writing by the landowner [...]