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 ...

Tagged with: Chief justice Donald Lemons Municipal Public Records Supreme Court of Virginia

Gavin Grimm, who attended a Virginia public high school and was prohibited from using the boys’ bathroom because he was identified as female at birth, sufficiently alleged discrimination claims against the school under both Title IX and the Equal Protection ...

Tagged with: Civil Rights Constitutional Education Equal Protection Judge Arenda L. Wright Allen Municipal U.S. District Court - Eastern District

Waterfront property owners who brought a groundless claim against their neighbor for working as a state agent to create a special tax district are liable for his attorneys’ fees. Background In this action, the Plaintiffs allege that Defendant Frank Gurdziel ...

Tagged with: Attorneys Fees Civil Practice Constitutional Due Process Judge Robert G. Doumar Municipal Real Estate Real Property U.S. District Court - Eastern District

The owner of a tract of land housing a marine container terminal challenged municipal tax assessments on both real and personal property. Neither party presented credible expert testimony on real property value, and the court rejected the owner’s calculation of ...

Tagged with: Evidence Municipal Portsmouth Circuit Court Real Estate Real Property Taxation Virginia Circuit Courts

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