Local Government

Question 1

Under Dillon’s Rule

Answer 1

A locality can exercise only those powers granted EXPRESSLY by statute or charter and no other powers, unless necessarily implied in or incident to the powers expressly granted or essential to the declared objects and purposes

Question 2

Dillons Rule Applicablity

1. Counties
2. Cities and towns

Answer 2

1. Rule is Strictly applicable to counties
2. Uniform Charter Powers Act of Virginia permits the legislature to provide that “approved” cities and towns may exercise all powers not expressly prohibited by the consituional or general laws and are necessary or desirable to promote the general welfare of the inhabitants

Question 3

To avoid municipal bankruptcies and similar financial straits

Answer 3

A locality is limited to issuing general purpose bonds by a 10% rule: the debt may not exceed 10% of the assessed value of real estate located within the county or city involved

Question 4

An Ordinance is validly adopted IF

Answer 4

1. Prior published notice worded to alert the residents who will be affected
2. Majority Vote of the governming body at public meeting; and
3. the ordinace is reasonably certain in application

P.M+R.C.A

Question 5

Means of Raising a Challenge to a local ordinance

Answer 5

Invalidity of a local ordinance can be raised as a

1. defense to a violation charge
2. or complaint for declaratory judgment

Question 6

Grounds for Invalidating an Ordinance

Answer 6

1. not properly adopted; OR
2. it is unconstitutionally vague OR
3. it is arbitrary or discriminatory; OR
4. it is beyond the powers of the locality; OR
5. it is preempted by federal or state law

A.V.A.Dillon.P

Question 7

What is a Variance?

Answer 7

A ruling that the landowner does not need to comply with one or more of the technical requirements of the zoning ordinances

Question 8

Two requirements for VARIANCE under current statutes

Answer 8

(i) the applicant for a variance must show serious hardship if an exception from the strict application of zoning limitations is not granted, which is specific to that parcel, and that neighboring parcels of land do not share the same condition;
(ii) the landowner must also show that—if a variance is granted—there will be no material detriment to the neighboring properties

Question 9

If either the landowner or the local government is dissatisfied with the decision of the appeals board

Answer 9

it may file a petition for writ of certiorari in the local circuit court within 30 days of the decision

Question 10

A zoning scheme may include conditional zoning, under which

Answer 10

A landowner offers the local government specific benefits, called “proffers,” which are not technically required but which the locality may view as attractive features of a proposed development.

If the locality approves a development relying on these conditions, they become part of the zoning ordinance with respect to the parcel of land, and failure to comply with these proffers may be penalized

Question 11

Local ordinances are presumed

Answer 11

to be correct

Question 12

A circuit court reviewing a BZA decision is not technically de novo because

Answer 12

There is a rebuttable presumption that the BZA acted correctly

Question 13

A party must file a petition for within of the BZA decision

Answer 13

writ of cert

30 days

Question 14

A circuit court reviewing a BZA decision, in addition to the record, has the statutory power

Answer 14

To take new or additional evidence, both testimonial and documentary

Question 15

After a circuit court review and decides on a BZA decision, an appeal to the

Answer 15

Supreme Court (not the court of appeals)

Question 16

Where the object of the contract is one for which the municipality may not contract, “ultra vires”

Answer 16

the contract is invalid

Question 17

The public body’s response to a FOIA request must be made within

Answer 17

5 working days

Question 18

While there are many statutory exemptions which include personnel records and other confidential materials, the FOIA statute expressly provides that two categories of records must always be available:

Answer 18

(i) the contracts of employment of top personnel in the local government,

and (ii) reports provided to the local government by outside contractors who have been retained to study an issue of local concern

Question 19

The three required steps for making a contract based claim against a county are:

Answer 19

(i) formally presenting the claim to the county,
(ii) if the county refuses the claim, filing a notice with the clerk of the County Board of Supervisors that an appeal will be taken, and
(iii) commencing a court action within six months after the refusal by the county to honor the contract claim

Question 20

A city is immune from liability for claims relating to

Answer 20

“governmental functions” but lacks immunity when performing “mere proprietary activities.”

Question 21

Where a function contains some governmental features and yet has other proprietary aspects

Answer 21

the governmental aspect prevails, and the locality will be deemed immune for claims arising out of that activity

Question 22

The four-factor test for whether ordinary government workers will be found to have sovereign immunity is:

Answer 22

(i) the nature of the function performed by the employee,
(ii) the extent of the governmental entity’s interest and involvement in the function,
(iii) the degree of control and direction exercised by the governmental entity over the employee, and
(iv) whether the alleged wrongful act involved the exercise of judgment and discretion.

Question 23

With respect to personal injury claims, Notice must be given

Answer 23

within six months after the accrual of a personal injury claim

Any form of delivery is permitted, including hand delivery, use of a commercial delivery service, and even ordinary mail. The burden, however, rests on the claimant to demonstrate that the notice was actually received by the governmental body within the six-month deadline. The statute expressly states that its terms are mandatory and must be strictly construed by the courts.

Question 24

Any governmental body (and some utilities authorized by statute) may exercise the power of eminent domain and, by proper proceeding, may condemn any land, building, or personal property, including any interest of any individual or corporation, whenever

Answer 24

(i) a public need for the property exists, which must be declared in a written statement that explains the factual basis for the condemnation offer; and
(ii) the “condemnor” must make a good faith effort to purchase the land directly from the owner.

Question 25

The General Assembly has added language to the condemnation statutes expressly stating private land may not be taken

Answer 25

for the primary purpose of increasing jobs or the tax base of the local government

Question 26

When a valid public use has been identified

Answer 26

only so much land as is necessary to achieve the public purpose may be condemned

Question 27

When such a partial taking (condemnation) occurs

Answer 27

The landowner retains any portion of the property that is not condemned, and this is referred to as the residue.

Question 28

If the landowner does not accept the condemnor’s good faith offer to purchase the property

Answer 28

the governmental body must bring a court proceeding to acquire the property in the circuit court where the property is located

Question 29

The landowner is entitled to recover of the amount of property actually taken in the condemnation, including

Answer 29

the fair market value

rental revenue it generated

Question 30

Going into debt by the issuance of municipal bonds must be approved by

Answer 30

a referendum voted on by taxpayers in the community, or at a special hearing held before the governing body of the locality, after proper notice to residents of the proposed debt undertaking

Question 31

To protect the investment of property owners, lots, activities, or signs that preexisted the current zoning ordinance

Answer 31

nonconforming uses are allowed to continue

Question 32

if a non-conforming use is discontinued for a period ofit will be deemed abandoned and such use will not be permitted to resume

Answer 32

2 years

Question 33

The basic rule is that there are no to develop property based on existing zoning regulations

Answer 33

vested rights

Question 34

Exception to the general rule that there are no vested rights

Answer 34

statutes require the owner show that the local government

(i) has made a significant affirmative act approving the development
(ii) prior to the owner making an investment based on that approval (reliance)

Question 35

“Inverse Condemnation” Proceeding

Answer 35

When property is taken indirectly without formal condemnation, a property owner my institute inverse condemnation proceeding by filing to obtain a declaratory judgment or damages.

No sovereign immunity against inverse condemnation claims.

Question 36

Counties are immune from liability in tort, BUT where a tort involves property damage,

Answer 36

a plaintiff may “waive” the tort and sue on an implied contract to pay for property wrongfully damaged or taken for public purposes under the “takings” clause of Virginia Constitution

Question 37

What percentage of the qualified voters of any territory adjacent to a city or town may peition the circuit court to be annexed to the city or town?

Answer 37

51%