Essay Rules Feb 2020 Flashcards
What does Dillon’s Rule dictate regarding the power of local governments?
Dillon’s Rule limits the legislative power of local governments. Local governments have no inherent power, and their authority must be (i) expressly granted by statute or charter, (ii) necessarily or fairly implied from those expressly granted powers, or (iii) essential and indispensable to the locality’s objectives.
How should a court resolve reasonable doubts about the existence of local government power under Dillon’s Rule?
Any reasonable doubt concerning the existence of power is resolved against the local government. If no statutory delegation of authority exists, the action is void.
What is the ‘reasonable selection method’ rule in local government power execution?
When the manner of executing a delegated power is not specified, the ‘reasonable selection method’ rule allows a locality reasonable discretion in determining how to execute the power.
Under what circumstances can a locality enact an ordinance that appears implied from a state statute?
A locality may enact an ordinance if the state statute grants the power, even if the statute does not specify the exact manner of execution. The court will determine whether the action reasonably aligns with the implied powers granted by the statute.
What immunity do counties generally have under the Virginia Constitution in tort actions?
Counties generally enjoy sovereign immunity from tort actions, including those involving the actions of their officers, agents, and employees. This immunity also extends to quasi-contract actions, such as quantum meruit.
Can a county be sued for inverse condemnation?
Yes, counties are not immune from inverse condemnation actions when a tort involves damage to or the taking of property. In such cases, the plaintiff can seek compensation for property damage or taking.
What are the requirements for valid action by a local public body under Virginia law?
Action by a local public body must be taken during a public meeting with a quorum present. Meetings must be open, and votes cannot be taken through telephonic, video, or other electronic communication means.
Can local government boards vote by written consent or electronically under Virginia law?
No, public bodies cannot vote by secret or written ballot, or by telephone or other electronic means. Votes must be taken in a public meeting to authorize the transaction of any public business.
What is the general presumption under the Virginia Freedom of Information Act (VFOIA) regarding public records and meetings?
VFOIA generally presumes that all public records and meetings are open to the public, unless a valid exemption is invoked. The law is liberally construed to increase public awareness of government activities.
What exemptions apply to public records under VFOIA?
Exemptions under VFOIA are narrowly construed. One common exemption is for information involving negotiations or specific contract awards that could affect bargaining positions. However, the contract itself is typically not exempt.
How quickly must a public body respond to a request for public records under VFOIA?
The custodian of the record must respond to a request for public records within five working days. The public body may charge reasonable fees for accessing, duplicating, or searching for the records.
