A property owner couldn’t be convicted of providing free waterskiing lessons to disabled veterans without having obtained a conditional use permit, as the cited zoning ordinance spoke to recreational “facilities” rather than uses. Background Defendant Witchduck Lake Enterprises Inc. is ...

Tagged with: Judge William R. O'Brien Municipal Real Estate Real Property Virginia Beach Circuit Court Virginia Circuit Courts Zoning

A city ordinance empowering the police chief to deny a “sexually oriented business” license application if he determined that the business “would not comply with all applicable laws” was an overbroad prior restraint. Background The City of Rocky Mount, North ...

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

Private boat maintenance workers, who were injured while aboard a Norfolk vessel when an allegedly incompetent Norfolk police officer caused it to capsize during a sea trial, sufficiently stated maritime tort and negligence claims against the City and the officer ...

Tagged with: Judge Henry Coke Morgan Jr. Municipal Personal Injury U.S. District Court - Eastern District

In a judicial proceeding to sell tax-delinquent realty, the Commissioner of Accounts cannot enter a decree of confirmation of sale until the value of liens against the property being sold are determined. Background This court appointed a Special Commissioner to ...

Tagged with: Judge David Bernhard Municipal Real Property Virginia Circuit Courts

A property sales agreement, which set forth a mathematical formula for apportioning increases to local development-density rights between the property owners, was rendered impossible to calculate when the county removed the density limit entirely. Background In 2000, Appellant WG Land ...

Tagged with: Contract Justice Elizabeth A. McClanahan Land Use & Zoning Municipal Real Estate Real Property Supreme Court of Virginia

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

Tagged with: Judge David W. Lannetti Municipal Negligence Norfolk Circuit Court Personal Injury Tort Virginia Circuit Courts

A Norfolk police officer was immune from negligence claims arising from his operation of a marine vessel that capsized, but claims against him asserting gross negligence could go to trial. Background In January 2014, the City of Norfolk contracted with ...

Tagged with: Constitutional Judge David W. Lannetti Municipal Norfolk Circuit Court Tort Virginia Circuit Courts

A county board of supervisors challenging the procedural validity of actions by its board of zoning appeals can do so in a declaratory judgment action, separate from an administrative appeal of the particular BZA decision containing the procedural defects. Background ...

Tagged with: Fairfax County Circuit Court Judge David Bernhard Municipal Virginia Circuit Courts

Taxpayers in Fairfax County lacked standing to challenge the school board’s decision to rename a school named for a Confederate general. On December 7, 2015, Defendant Sandra Evans, a school board member, sponsored an amendment to Regulation 8170, which governs ...

Tagged with: Fairfax County Circuit Court Judge Robert J. Smith Municipal Virginia Circuit Courts

At various times, hundreds of locks have been attached to the Botetourt Street Bridge. Despite many requests, the City of Norfolk has removed locks only when others cut them. Upon viewing the Bridge, the court found that there were about ...

Tagged with: Judge Everett A. Martin Jr. Municipal Norfolk Circuit Court Virginia Circuit Courts