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

In Plaintiff Mediko P.C.’s challenge to procurement procedures by Defendants Roanoke County and Western Virginia Regional Jail Authority, the court permitted certain declaratory issues to move forward but ruled it had no authority under the Virginia Public Procurement Act to ...

Tagged with: Judge Charles N. Dorsey Municipal Roanoke Circuit Court Virginia Circuit Courts

In plaintiff’s suit alleging the city of Roanoke improperly retained $26,257.30 from the sale of his home, previously rehabilitated for occupancy with funds from the federal HOME Investment Partnerships Program and later sold with restrictive covenants imposed by the HOME ...

Tagged with: Judge Glen E. Conrad Municipal U.S. District Court - Western District

A minority-owned business states a plausible racial bias claim under 42 U.S.C. § 1981 against the city of Greensboro, N.C., for allegedly granting, then denying a $300,000 economic development loan to the business, because the city would grant the loan ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Andre M. Davis Municipal

A homeowner who alleges a water and sewage backup in his home is attributable to a clog in the town’s sewer line beyond the homeowner’s property, in a portion of the sewer line made less visible by a partially paved-over ...

Tagged with: Judge Charles N. Dorsey Municipal Roanoke County Circuit Court Virginia Circuit Courts

A North Carolina county acted ultra vires when it collected fees on behalf of the county sewer and water district for water and sewer services not provided by the county, but provided by a privately owned utility under an arrangement ...

Tagged with: 4th U.S. Circuit Court of Appeals Judge Paul V. Niemeyer Municipal

A plaintiff who alleges the town of Washington, the Inn at Little Washington and a non-party, Trinity Episcopal Church, entered into a “scheme” whereby the Inn would receive $20,000 and conveyance of a public right-of-way, in exchange for the Inn ...

Tagged with: Judge Jeffrey W. Parker Municipal Rappahannock County Circuit Court Virginia Circuit Courts