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

Where a taxpayer fails to show that county assessments were not arrived at in accordance with generally accepted appraisal practices, the county’s assessments stand and the taxpayer’s request for relief is denied. Background Petitioner alleged Fairfax County erroneously assessed land ...

Tagged with: Fairfax County Circuit Court Judge Brett A. Kassabian Municipal Virginia Circuit Courts

The City of Virginia Beach, which intended to perform dredging in the Lynnhaven River as a matter of public interest, could not do so in an area where a citizen had obtained a riparian lease for oysters. The City claimed ...

Tagged with: Administrative Judge Richard Y. AtLee Jr. Municipal Real Property Virginia Court of Appeals

The petitioner was entitled to “verification” of lawful non-conforming use status for a parcel of property housing junk cars. Although the parcel had at one point been owned by a corporation that attempted to clear the property, evidence showed that ...

Tagged with: Justice S. Bernard Goodwyn Municipal Real Property Supreme Court of Virginia Zoning

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 ...

Tagged with: Administrative Construction Judge Wesley G. Russell Jr. Municipal Standing Virginia Court of Appeals

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 ...

Tagged with: Civil Rights Elections Judge John A. Gibney Jr. Municipal Search & Seizure Tort U.S. District Court - Eastern District

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Employment Employment Discrimination Judge Pamela A. Harris Municipal

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 ...

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

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 ...

Tagged with: Constitutional Due Process Equal Protection Fairfax County Circuit Court Judge Randy I. Bellows Municipal Traffic Virginia Circuit Courts

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 ...

Tagged with: 4th U.S. Circuit Court of Appeals Civil Rights Employment Employment Discrimination Judge Roger L. Gregory Municipal