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

An Augusta County Circuit Court denies a petition filed by the county board of supervisors to hold a referendum pursuant to Va. Code § 15.2-1652 on moving the county courthouse from Staunton to the county government center complex in Verona, ...

Tagged with: Augusta County Circuit Court Judge Victor V. Ludwig Municipal Virginia Circuit Courts

A city acted in a proprietary, not a governmental, capacity when it hired an aviation company to manage services at a local airport, and under North Carolina law, the city does not have immunity from the aviation company’s equitable claims; ...

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

A plaintiff property owner who alleges damage from the partial collapse of a retaining wall after a sewer line burst on his property may sue the municipal water authority for damages; the Supreme Court of Virginia says maintenance and operation ...

Tagged with: Justice Cleo E. Powell Municipal Supreme Court of Virginia

In this suit arising out of a city procurement bid process, won by a third party, plaintiff’s complaint identifies plaintiff and defendant as a joint venture but the attached bid proposal describes them as “two primary subcontractors,” and the Richmond ...

Tagged with: Judge Melvin R. Hughes Jr. Municipal Richmond Circuit Court Virginia Circuit Courts

The Norfolk Circuit Court grants the city’s plea of sovereign immunity in this suit filed by plaintiff for injuries sustained when a red oak tree fell on the vehicle occupied by plaintiff while traveling on Northampton Boulevard in the city ...

Tagged with: Judge Junius P. Fulton III Municipal Norfolk Circuit Court Virginia Circuit Courts

A Fredericksburg Circuit Court Clerk does not have authority to enforce real estate transfer taxes on the recording of instruments against Fannie Mae, which has claimed exemption as a governmental entity, the Supreme Court of Virginia says in response to ...

Tagged with: Justice Cynthia D. Kinser Municipal Supreme Court of Virginia

Two members of the Fairfax County Board of Supervisors who also held director positions with the Washington Metropolitan Area Transit Authority did not have conflicts of interest that precluded them from voting on WMATA’s application for a special exception to ...

Tagged with: Justice William C. Mims Municipal Supreme Court of Virginia

A county board of supervisors may sue a private financial advisor hired by the board for breach of fiduciary duty; the Supreme Court of Virginia says the board effectively waived its common law legislative immunity from civil liability, and reverses ...

Tagged with: Justice LeRoy F. Millette Jr. Municipal Supreme Court of Virginia