Where parents of five students who attended schools in Virginia districts argued that by requiring remote education during the early stages of the pandemic, the schools failed to provide students a free appropriate public education or FAPE, as is required ...

Tagged with: Administrative Judge Norman K. Moon U.S. District Court - Western District

Where plaintiffs alleged the Chesapeake City Council violated the equal protection clause when it denied their zoning application, but there were no facts showing how similarly situated applicants were treated differently, or that the alleged unequal treatment resulted from discriminatory ...

Tagged with: Administrative Judge Raymond A. Jackson U.S. District Court - Eastern District

Where the government showed a breeder of dogs for scientific research was mistreating the dogs, including allowing staff to euthanize dogs without anesthesia, the court entered an ex parte restraining order requiring the breeder to comply with the Animal Welfare ...

Tagged with: Administrative Judge Norman K. Moon U.S. District Court - Western District

Where a hearing officer upheld the Virginia Department of Corrections’ decision to fire an employee because he did not report an alleged relationship between a supervisor and a subordinate, the circuit court lacked the authority to reverse the hearing officer’s ...

Tagged with: Administrative Judge Robert J. Humphreys Virginia Court of Appeals

Where appellant was convicted of violating a sign ordinance, his failure to appeal to the Board of Zoning Appeals prevents judicial review of his claim that he was entitled to the religious building exemption from the ordinance’s requirement. Further, even ...

Tagged with: Administrative Judge Glen A. Huff Virginia Court of Appeals

Where the Virginia Museum of Fine Arts discharged appellant for addressing a coworker with a “racial slur,” he did not preserve most of his claims for appellant review because he failed to explain why his discharge was contrary to law. ...

Tagged with: Administrative Judge Clifford L. Athey Jr. Virginia Court of Appeals

Where a requester failed to exhaust his administrative remedies, the government prevailed on his Freedom of Information Act, or FOIA, suit. His claims that requiring exhaustion frustrated the purpose of FOIA, would have been futile or was waived were rejected. ...

Tagged with: Administrative Judge T.S. Ellis III U.S. District Court - Eastern District

Where the reviewing courts ruled that the state health commissioner’s misinterpretation of regulatory terms was an error of law and applied a harmless error analysis to conclude that the commissioner correctly denied appellant’s application to expand its cardiac care program, ...

Tagged with: Administrative Justice Lawrence L. Koontz Jr. Supreme Court of Virginia

Where the Virginia Department of Environmental Quality granted a construction permit that allowed respondent to build a distribution center, there is appellate jurisdiction to review the circuit court’s refusal to grant petitioners an injunction to halt the construction activity. The ...

Tagged with: Administrative Virginia Court of Appeals

Where three individualized education programs, or IEPs, developed for a minor student were individually designed to provide her with educational benefit, a hearing officer did not err in determining that Fairfax County Public Schools, or FCPS, provided her with the ...

Tagged with: Administrative Judge T.S. Ellis U.S. District Court - Eastern District