Where there are two pending actions in state court involving parking permissions and easements, the resolution of which could impact the federal court suit against the City of Charlotte, the appeal alleging due process violations was dismissed as premature. Background Ballantyne ...

Tagged with: 4th U.S. Circuit Court of Appeals Municipal

Petersburg City Treasurer Kenneth Pritchett sought a declaratory judgment that an ordinance enacted by the City Council of the City of Petersburg in May 2019, purporting to remove certain powers of the treasurer, including his role as sole custodian of ...

Tagged with: Municipal

Where a city charter provides that the treasurer is the custodian of municipal funds, and the city council passed an ordinance giving that authority to the city’s tax collector instead, the court denies defendants’ demurrer to the treasurer’s complaint that ...

Tagged with: Judge Joseph M. Teefey Jr. Municipal Petersburg Circuit Court Virginia Circuit Courts

Where a county abandoned a portion of an unbuilt road that had been part of a real estate developer’s plans, the circuit court correctly ruled that the developer had no vested or constitutional right to build the road. The right ...

Tagged with: Justice Stephen R. McCullough Municipal Supreme Court of Virginia

Charlottesville city council members are statutorily immune from plaintiffs’ claims arising from a series of votes relating to the removal, sale and covering up of statutes of two Civil War generals in city parks. The defendant council members’ actions did ...

Tagged with: Charlottesville Circuit Court Judge Richard E. Moore Municipal Virginia Circuit Courts

Statues erected in the city of Charlottesville of Civil War General Robert E. Lee and Lt. General Thomas Jonathon Jackson are “monuments or memorials,” as mentioned in Code § 15.2-1812, says a 16th Judicial Circuit Court judge. Plaintiffs moved for ...

Tagged with: Charlottesville Circuit Court Judge Richard E. Moore Municipal Virginia Circuit Courts

Although a lower court affirmed the rejection of a lease transfer through oyster-planting ground to the City of Virginia Beach, the city can proceed with a dredging project because municipalities are among the corporate entities eligible to apply for such ...

Tagged with: Judge Mary Grace O'Brien Municipal Virginia Court of Appeals

A stormwater utility charge imposed by the City of Roanoke was considered a fee, rather than a tax, even though the charge was enacted by the legislature, applied to a large group of landowners and benefited the public at large, ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Albert Diaz Municipal

In rejecting an attempt by New York, Philadelphia and San Francisco to compel the Department of Defense to provide information to a national database regarding current and former service members who are disqualified from owning a gun, the court found ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge J. Harvie Wilkinson III Municipal

The State of South Carolina obtained an injunction against the Department of Energy’s plan to terminate the construction of a nuclear facility in the state. On appeal, the court vacated the injunction, concluding the state lacked standing as its claims ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge James A. Wynn Jr. Municipal