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Tag Archives: Municipal

CAV: Self-help moots remedies sought for deficient roof work (access required)

No remedy existed for condo owners who, unhappy with a roof renovation, wanted the city to inspect the work and cite the roofer.  After a second contractor made fixes, there was nothing for the city to inspect and no opportunity ...

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EDVA: Prosecutor, officer face malicious-prosecution claims (access required)

An unsuccessful candidate for county sheriff sufficiently stated claims for malicious prosecution by a commonwealth’s attorney and a state police officer. The plaintiff said they conspired to prosecute him for election fraud with no evidence to support the charge. Background ...

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4th Cir.: Slurs read aloud didn’t create hostile environment (access required)

A prosecutor who read racial slurs aloud from potential evidence, which he was evaluating at a pre-trial meeting, did not create a hostile work environment for the black police officers in the room. Even if such conduct could give rise ...

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4th Cir.: City had no duty to protect public from unruly kids (access required)

Despite not providing school transportation to students with known disciplinary problems, municipal entities had no duty to stop the students from harming residents of the neighborhoods the students traversed to reach school. Background Richard Fletcher and his wife lived just ...

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Va. Cir.: City’s red-light cameras constitutional (access required)

A vehicle owner served with a notice of violation, which cited a no-stop right turn on red with photo and video evidence, did not show that her constitutional rights were violated either by the city red-light-camera ordinance or its authorizing ...

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4th Cir.: City worker’s Title VII retaliation claim revived (access required)

Fired the day after asking for grievance paperwork, a black employee reasonably believed she was subject to a hostile work environment that was attributable to her employer. The district court erred in granting summary judgment against her. Background In August ...

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WDVA: Fired county employee’s First Amendment claim is triable (access required)

A county’s former Director of Tourism presented genuine factual disputes as to whether he was fired in retaliation for his past vote to censure members of the county board of supervisors who voted to raise taxes. Background At a Bedford ...

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CAV: Contempt upheld for “junk” storage in backyard (access required)

A court order requiring a property owner to cure residential zoning violations gave him sufficient notice that he must remove “junk” not only from his front and side yards but also from his back yard. Background In April 2005, Henrico ...

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4th Cir.: Faulty permit filings foreclosed property interest (access required)

When a BMW store applied for a renovation permit but then performed a demolition instead, the City of Rockville, Maryland, revoked the previously-granted permit. The company’s initial permit applications contained material misrepresentations, so it had no property interest that could ...

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SCV: FOIA enforcement affidavit satisfied statute (access required)

An affidavit alleging open-meeting violations by a county board of supervisors was sufficient to support a FOIA petition when the affiant swore to her belief in matters presented on information, the Virginia Supreme Court held. Background Appellant Marian Bragg alleges ...

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