The Virginia Supreme Court issued opinions on February 12, 2016, just before Jane Marum Roush’s second interim gubernatorial appointment to the Virginia Supreme Court expired. This author does not typically make political commentary, but in this case, I will make an exception.  No matter how this situation happened, I hope that this issue will be […]

In 2012, following the 2010 decennial census, Virginia re-drew the boundaries of its Congressional Districts.  In 2013, plaintiffs brought a Voting Rights Act challenge to that re-districting.  They alleged that the re-districting unconstitutionally packed African-American voters into a small number of Districts.  The suit was ultimately defended by Virginia’s Republican Congressional delegation and was initiated […]

This article was originally published in the Journal of Local Government Law, a publication of Local Government Section of the Virginia State Bar. It is posted here with copyright permission. Rapid technological advancements are putting law enforcement agencies across the country in a difficult position. It is now easier than ever for citizens to record […]

The Virginia Supreme Court issued opinions on September 17, 2015 during its recent term.  This term resulted in one opinion affecting Virginia local government law, in the area of the Freedom of Information Act.  The opinion addresses the need – actually, the lack of a need – to redact documents when a portion of a […]

     Written by Michelle L. Warden and Cullen D. Seltzer Police Officers are often faced with unimaginable circumstances that most of society runs away from.  However, police officers took the oath to protect and serve, and to run towards that danger.  Sometimes, running towards that danger means that an officer will have to make a […]

The Supreme Court of the United States handed down today an important First Amendment case concerning governments’ ability to regulate commonly displayed informational signs. In Reed v. Town of Gilbert, the US Supreme Court (Justice Thomas wrote for a six Justice majority with three other Justices concurring) struck down a town’s Sign Code that regulated the […]

The Supreme Court of the United States, in Kingsley v. Hendrickson, waded into the metaphysical discussion of what plaintiffs must prove about corrections officers’ state of mind in a lawsuit alleging the officers used excessive force against an inmate.  In the process, the High Court made it incrementally easier for plaintiffs to prove an excessive […]

The Virginia Supreme Court issued opinions on June 4, 2015 during its June term.  This term resulted in several opinions affecting Virginia local government law.  These opinions addressed defamation alleged from statements by a planning commissioner, more defamation alleged from statements made by public school officials, and the grievance of an employee of a redevelopment […]

The Virginia Supreme Court issued opinions this morning during its April term.  This term resulted in several opinions affecting Virginia local government law.  Opinions addressed evidence in a condemnation case, interpreted the Freedom of Information Act after release of a document by a Sheriff, and included the long-awaited opinion in the appeal from the State […]

This term resulted in two cases which, in our opinion, affect Virginia local government law.  One, decided by order, deals with the effect of a failure to name a necessary party (a governing body) in appealing a BZA decision.  The other addresses the difference between a local government and its constitutional officers (a sheriff) in […]