Lex Bar Intro Lesson

Question 1

In Virginia, local governments are limited in their legislative powers by what is known as

Answer 1

“Dillon’s Rule.”

Question 2

Under Dillon’s Rule, localities, as agencies created by the Commonwealth, have

Answer 2

no inherent power.

Question 3

Under Dillon’s Rule, all power of a local government must be:

Answer 3

(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 declared objectives and purposes.

Question 4

Under Dillon’s Rule, there is no presumption that

Answer 4

a local government’s exercise of power is valid.

Question 5

Any reasonable doubt concerning the existence of power by a local government is resolved by the courts

Answer 5

against the local government.

Question 6

If no delegation from the Commonwealth can be found to authorize the local government’s action, then

Answer 6

it is void.