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VA BAR EXAM > Local Government > Flashcards

Local Government Flashcards

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1
Q

What are the two types of local governments?

A

1) counties
2) Cities and towns

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2
Q

What are counties?

A

unincorporated governmental districts of the Commonwealth

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3
Q

Local governments have no powers unless

A

conferred in the charter for the locality or in general statutes conferring powers on localities in VA

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4
Q

What are the essential powers of local governments?

A

1) to tax real and personal property and impose local sales taxes
2) to sue and be sued
3) to enter into contracts
4) to acquire, hold, and dispose of money
5) eminent domain
6) to borrow money and issue bonds
7) to acquire, hold, and dispose of real and personal property
8) to incur debt
9) police power
10) to issue licenses

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5
Q

What is Dillon’s Rule?

A

a locality can exercise only:
1. powers expressly given by statute;
2. powers that are implied in or incidental to powers expressly granted; and
3. powers that are essential to the local government purpose

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6
Q

What is a local government’s police power?

A

power that relates to the health, safety, morals, and welfare of the inhabitants of the state and must not be arbitrary, discriminatory, or unreasonable

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7
Q

What is an ordinance?

A

A local government statute

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8
Q

What are the three requirements for a valid ordinance?

A

1) prior published notice worded to alert the residents who will be affected
2) A majority vote of the governing body at a public meeting
3) reasonably certain in application (not vague)

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9
Q

The validity of an ordinance is presumed and the burden, at all stages of court proceedings, rests on

A

the party challenging the ordinance

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10
Q

An ordinance may be invalidated if it

A

1) was not adopted properly
2) is unconstitutionally vague
3) is arbitrary and discriminatory
4) is beyond the powers of the locality
5) is preempted by federal or state law

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11
Q

What are the grounds for preemption in Virginia?

A

1) express prohibition by the General Assembly
2) inconsistent with state law

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12
Q

What are the ways to challenge an ordinance?

A

1) positively: preemptively via a declaratory judgment action
2) negatively: defense when ordinance is enforced against you

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13
Q

When is an ordinance inconsistent with state law?

A

1) state prohibition of the activity
2) state authorization of an activity
3) state law is silent
4) some state regulation exists and the local government has regulated or acted in addition to that

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14
Q

Localities have the power to regulate the use of land as part of the

A

police power

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15
Q

What is zoning?

A

Local government land use control designed to stabilize property uses, conserve the value of property, devote areas to selective uses, and encourage the most appropriate use of land

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16
Q

What are the components of zoning ordinances?

A

1) a zoning map showing districts
2) the text defining the uses within the districts

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17
Q

What is a zoning administrator?

A

A local government employee of the county or city whose job it is to administer the zoning ordinance

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18
Q

What is the Board of Zoning Appeals (“BZA”)?

A

a quasi-judicial body that hears appeals from people who are unhappy with what the zoning administrator has decided

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19
Q

What is a variance?

A

A variation from the express terms of the zoning ordinance

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20
Q

The BZA has the power to

A

1) grant a variance;
2) issue a special use permit; and
3) interpret decisions of the zoning administrator

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21
Q

What is a special use permit?

A

conditional approval provided the applicant satisfied the board in some way

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22
Q

What is the planning commission?

A

appointed body of local government that draw the long-term plan for community development

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23
Q

What is the Governing Body?

A

Elected officials such as city counsil or board of supervisors who approve zoning ordinances

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24
Q

A party aggrieved by a decision of a BZA may obtain review in the ________ within ____ days after a decision of the BZA

A

Circuit Court; 30 days

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25
Q

What does an aggrieved party need to do to appeal a decision by the BZA?

A

File petition for a writ of certiorari in the Circuit Court within 30 days after the BZA’s decision

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26
Q

When may the BZA grant a variance?

A

1) strict enforcement of the requirements of the zoning ordinance would result in undue hardship, not shared by other properties in the zoning district
2) impact of variance will not be detrimental to adjacent properties or change the character of the district

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27
Q

What is a proffer?

A

Offer by landowner to do something extra to negotiate for a regulatory change

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28
Q

What are the requirements for Vested Rights?

A
  1. Significant government action affecting development rights
  2. Landowner relies in good faith on governmental act
  3. Landowner must incur extensive obligations or substantial expenses in diligent pursuit of project
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29
Q

What can the Circuit Court Review?

A
  1. errors of law and fact
30
Q

Which court does an aggrieved party file an appeal with after final decision from the Circuit Court?

A

VA Supreme Court

31
Q

What is ultra vires and is it enforeceable?

A

a contract beyond the scope of a locality’s power and is unenforceable

32
Q

What is the Virginia Freedom of Information Act (FOIA)?

A

Unless specifically excepted, all public records are open for inspection and copying

33
Q

By statute, the public body must respond within _ days to FOIA request.

A

5 working days of receiving the request

34
Q

Failure to respond to FOIA requests is deemed

A

a denial and violates the law

35
Q

What are the acceptable responses to FOIA requrests?

A
  1. records will be provided
  2. records are being entirely withheld
  3. records are being provided in part and withheld in part
  4. records could not be found or do not exist
  5. not practically possible to provide records or determine their availability within 5 working days
36
Q

No exemption can prevent access to

A
  1. contracts between public entity and its officers and employees
  2. non-exempt portions of consultant reports
37
Q

No closed meeting may be held by a Virginia public body unless it has taken

A

an affirmative recorded vote in an open meeting:
1) identifying the subject matter
2) stating the purpose of the meeting, and
3) making specific reference to the applicable FOIA exemption from open meeting requirements

38
Q

Counties are absolutely immune from liability in

A

TORT

39
Q

The Virginia Tort Claims Act applies to

A

the state; not cities, towns or counties

40
Q

Must give notice to locality of suit against city or town within

A

30 days

41
Q

Must file complaint against city or town in Circuit Court within

A

6 months

42
Q

Are governmental actions and proprietary actions immune?

A

governmental actions: immune
proprietary actions: not immune

43
Q

What are proprietary functions?

A

promote comfort, safety, or happiness of residents

44
Q

What are governmental functions?

A

exercise of entity’s political, discretionary, or legislative authority

45
Q

Examples of governmental functions:

A
  1. design of roads
  2. police forces
  3. fire departments
  4. public education facilities
  5. garbage removal services
  6. operation of jails
  7. maintenance of traffic lights
46
Q

Examples of proprietary functions:

A
  1. maintenance of roads
  2. housing authorities
  3. provision of public water, sewage, storm drainage, gas, and municipal electric power

generally when negligent act involves maintenance or operation

47
Q

If a particular function has both governmental functions and proprietary functions, which aspect prevails?

A

the governmental functions

48
Q

If the political entity has no immunity, does its workers have immunity?

A

No

49
Q

If the governmental immunity is immune, does the individual employee share the immunity?

A
  1. top-level people share the immunity
  2. lower-level employee may have immunity for simple negligence
50
Q

What is the four factor test for determining liability of lower-level workers of governmental entities?

A
  1. nature of their function
  2. extent of government’s interest
  3. degree of control and direction exercised by governmental entity
  4. whether alleged wrongful act involves exercise of judgment and discretion
51
Q

Can independent contractors claim sovereign immunity if the employing locality is immuned?

A

No

52
Q

Is there immunity when the entity is covered by insurance?

A

there is no immunity from liability up to the amounts of insurance coverage

53
Q

As to recreational facilities

A municipality is liable only for

A

gross or wanton negligence in the operation thereof

54
Q

Government employees driving in non-emergency situations, such as ordinary traffic are

A

not immune from claims for ordinary negligence

55
Q

Employees can be sued for

A

gross negligence and intentional torts

56
Q

Can localities be sued directly for gross negligence or intentional wrongs by employees?

A

No, they have sovereign immunity

57
Q

When must written notice for negligence suits be given?

A

within 6 months after the cause of action arises, unless the injury prevents giving notice

58
Q

What must the written notice for a negligence claim include?

A

must describe the nature of the claim and the date, time and place where injury took place

59
Q

Who must the written notice of the tort claim be given to?

A

1) the county, city, or town attorney; or
2) the mayour or chief executive of the locality

60
Q

In regard to claims against cities or towns,

What is a nuisance?

A

any dangerous or hazardouse situation

61
Q

A city or town will be liable to the same extent as a private party for injuries resulting from the creation or maintenance of

A

a nuisance, even if the dangers were created while performing governmental functions

62
Q

What is the notice requirement for nuisance claims?

A

6 months

63
Q

What are the requirements for eminent domain?

A

1) public need for the property, which must be declared in the resolution or ordinance directing the condemnation
2) local government made a good faith offer to purchase and cannot agree with the owner as to compensation

64
Q

What qualifies as public uses?

A

1) uses by the public
2) airports
3) uses by utility or railroad
4) elimination of blighted property that has become a public safety danger
5) owner of proper redevelopment or conservation area agrees to acquisition

65
Q

Who has the burden to show that planned used is public?

A

the condemnor (local government)

66
Q

What are the limitations to eminent domain?

A

1) except where property is taken by a utility/railroad for public water, sewer, or transport, public interest must predominate over any private gain
2) condemnation must follow statutory procedure
3) measure of recovery is fair market value of property taken
4) Adverse effect on retained land is taken into account

67
Q

What is inverse condemnation?

A

Indirect taking of property such as damaging it or rendering it less useful, without formal condemnation

68
Q

What is the recovery for inverse condemnation claims?

A

declaratory judgment or damages

69
Q

Sale of land by a municipal corporation must be

A

based on an ordinance or resolution passed by 3/4 of the governing body of the municipality

70
Q

Leases of real property by a municipal entity are limited to

A

40 years

VA BAR EXAM (15 decks)

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