Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Nicole's VA Cards > Local Government Law > Flashcards

Local Government Law Flashcards

1
Q

What are the types of localities in Virginia?

A
  1. Cities
    • Population of 5,000 or more
    • Incorporated by a charter
    • Completely independent of counties
  2. Towns
    • Population of 1,000 or more
    • Incorporated by charter
    • Not independent of counties
  3. Counties
    • Unincorporated units of the state government
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

In Virginia, what is a municipal corporation?

A

Includes cities and towns, but not counties

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What powers do localities have?

A

Dillon’s Rule:

Only those expressly provided for in:

  • Charter
  • General statute
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What are the most common powers that localities have?

A
  1. Tax (real property and local sales)
  2. Sue and be sued
  3. Contract
  4. Acquire, hold, and spend revenue
  5. Exercise eminent domain
  6. Borrow money and issue tax-exempt bonds
  7. Acquire, hold, and sell real and personal property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Can localities redelegate their powers?

A

Generally, no - elected officials cannot pass of their decision-making powers

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What are the exceptions to Dillon’s rule?

A
  1. Only a few cities have broad police powers (i.e., power to promote general welfare in ways not prohibited by state constitution or general statute)
  2. All localities can choose the method of impliementing authorized power as long as the method is reasonable
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is required before a locality can issue bonds?

A

Ballot vote or special hearing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What can bonds be issued for?

A

Generally only capital expenditures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What are the limits on general obligation bonds?

A

Cannot be issued in excess of 10% of the assessed value of real estate subject to tax in the locality

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are revenue anticipation bonds?

A

Bonds that are to be paid back from expected taxes already in place within a year

  • Not subject to 10% ceiling
  • Not subject to capital expenditures limitation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What are special fund bonds?

A

Bonds that will either be paid down:

  • Within five years
  • Directly from the project to be funded

Not subject to the 10% ceiling

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What sort of taxes are localities prohibited from imposing?

A

Income taxes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How do localities impose license taxes?

A

Based on gross receipts from the activity

Although this seems like an income tax, it is distinct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What are ordinances?

What is a violation of an ordinance?

How are they adopted?

A

Local laws

Violations are usually misdemeanors

Must be adopted in public meetings, pursuant to FOIA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the requirements for a valid ordinance?

A
  1. Prior published notice
  2. Majority vote
  3. Reasonably certain in application

Also subject to Dillon’s Rule

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

How do you challenge an ordinance?

A

Either:

  1. Wait until fined and raise as a defense
  2. File complaint for declaratory judgment
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What are the grounds for invalidating an ordinance?

A
  1. Not adopted properly
  2. Unconstitutionally vague
  3. Arbitrary (i.e., futile) or discriminatory
  4. Beyond powers of locality (i.e., Dillon’s Rule)
  5. Preempted by federal or state law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What gives localities the power to regulate land use?

A

Police power

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What are regulations of land use called?

A

Zoning regulations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

What are the components of a zoning regulation?

A

The following must be updated every 5 years:

  1. Zoning ordinance
  2. Map with designated growth areas
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Who are the regulatory actors with respect to zoning?

A
  1. Zoning administrator
    • Person(s) who enforce zoning regulations
  2. Board of zoning appeals (BZA)
    • Quasi-judicial body that grants:
      • Variances
      • Special use permits
  3. Planning commission
    • Group that conducts hearings as to comprehensive plan updates
  4. Governing body (i.e., city or town council, or county board of supervisors)
    • Takes final action on comprehensive plan amendments after a public hearing
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

What is a variance?

What is a special use permit?

A

Variance

  • Exception from normal zoning requirements

Special use permit

  • Allows a landowner to conduct an activity that is permitted only under certain circumstances
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

How do you appeal a decision of the zoning administrator?

A

File notice of appeal with BZA within 30 days after decision (not necessarily written confirmation)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

When can the BZA authorize a variance?

A

Must be demonstrated that:

  1. Strict enforcement will cause individual undue hardship
  2. Variance will not be detrimental to other property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
Q

When is a proffer used?

A

In applying for a special use permit; once accepted, these self-imposed limits are grounds for stopping the project

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
26
Q

Can a county outlaw subdivisions?

A

No, and localities must regulate subdivisions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
27
Q

What is the presumption with respect to subdivision decisions?

How do you appeal?

A

They are presumed correct

Appeal within 60 days after written denial

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
28
Q

What is the effect of grandfathering zoning ordinances?

What will preclude grandfathering?

A

Pre-existing uses that once were valid but are now prohibited are called lawful non-conforming uses

2 years of disuse will preclude grandfathering

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
29
Q

If a zoning ordinance changes, can a landowner still develop based on the prior ordinance?

A

Generally no - there is no such thing as vested rights

Exception:

  • Investment in reliance on significant government action
    • Requires:
      • Significant affirmative act
      • Reliance in good faith
      • Extensive obligations or expenses
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
30
Q

For purposes of vested rights, what are examples of government acts?

A
  1. Acceptance of proffer
  2. Approval of application
  3. Grant of special use permit
  4. Approval of variance
  5. Approval of preliminary plan
  6. Approval of final plan
  7. Issuance of final written order
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
31
Q

How do you appeal a BZA decision?

A
  • File petition for writ of certiorari
  • In Circuit Court
  • Within 30 days after decision
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
32
Q

When will a Circuit Court be justified in granting certiorari on appeal of a BZA decision?

A
  1. Error of law
    • BZA applied incorrect legal rules
  2. Error of fact
    • BZA was wrong as to:
      • Fact-finding
      • Sufficiency of facts
        • Burden of preponderance of evidence
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
33
Q

What is spot zoning?

A

Amending the zoning ordinance and imposing a more or less restrictive ordinance one just one or two parcels

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
34
Q

What can the P and D argue in response to spot zoning decisions?

A

P - there was no changes sufficient to justify the re-zoning

D - prior zoning was mistaken or circumstances changed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
35
Q

What is the standard of review on spot zoning issues?

A

If the matter is fairly debatable (i.e., at least some evidence in favor of local body), the decision will not be disturbed

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
36
Q

What happens when a locality contracts beyond the scope of its power (i.e., Dillon’s Rule)

A

This is called ultra vires and is unenforceable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
37
Q

What is the rule with respect to local government officials and apparent authority?

A

There is no doctrine of apparent authority with respect to local government officials

In order to bind the local government, officials must have express authorization

38
Q

How do FOIA requests work?

A
  1. File request in any written format
  2. Response must be made within 5 business days:
    • Records will be provided
    • Records will be witheld because release prohibited
    • Records will be provided in part because some release prohibited
    • Records could not be found or don’t exist
    • Records cannot be released within 5 days
39
Q

What happens if the local government fails to respond to a FOIA request within the required time period?

A

This is deemed an automatic denial and is a violation of the Code

40
Q

How are exemptions from FOIA requests construed?

A

Narrowly

Burden of proof is on local body to establish exemption by preponderance of the evidence

41
Q

What are the two categories of records that must be released pursuant to FOIA?

A
  1. Contracts between public body and its officers or employees
  2. Non-exempt portions of reports of consultants hired by public body
42
Q

Under FOIA, how is public business supposed to be transacted?

A

In open meetings, unless:

  • Closed or executive session
    • Requires prior affirmative vote in open meeting:
      • Identifying subject matter
      • State purpose
      • Referring specifically to FOIA exemption for closed meetings
    • Requires immediate subsequent open meeting:
      • Confirming that closed meeting was appropriate under FOIA
      • Taking any votes necessary for issue
43
Q

How are FOIA requirements enforced?

A

Strictly

Any failure to follow established procedures is presumed to be a violation

Burden is on public body to show it was not a violation

44
Q

If someone alleged a violation of FOIA, can they receive recover their costs and attorney’s fees?

A

Yes, if they substantially prevail

45
Q

Can the government charge anything for FOIA requests?

A

Yes:

  1. Copying or printing charges
  2. Cost of searching for records
  3. Cost of analyzing records
46
Q

Can a county be sued in tort?

A

No. Counties are absolutely immune from liability in tort

47
Q

What is the Virginia Tort Claims Act?

How does it relate to tort claims against localities in Virginia?

A

Virginia Tort Claims Act

  • Waives sovereign immunity of Commonwealth for tort claims within certain limits

NOT APPLICABLE to localities

48
Q

Can a county be sued on contract or equitable claims?

A

Yes, subject to the following procedures:

  1. Presentment
    • Claim must be presented to the governing body so they may allow or disallow the claim
  2. Appeal period
    • If governing body disallows claim, file notice of appeal to both:
      • Clerk of county
        • 30 days after disallowance
      • Circuit court
        • 60 days after disallowance
49
Q

Can a city or town be sued in tort?

A

Only for governmental functions:

  • Police forces
  • Fire departments
  • Public educational facilities
  • Garbage removal services
  • Emergency response to hurrican damage
  • Operation of jails
  • Hospitals and nursing facilities
  • Design and layout of roads
  • Maintenance of traffic lights
50
Q

What are proprietary functions of cities and towns?

A
  • Road maintenance (but not design)
  • Provision of utilities
  • housing authorities
51
Q

How do you determine whether a function is governmental or proprietary?

A

It is governmental if it involves policy, legislative, or discretionary authority

It is proprietary if it involves the maintenance or operation of services

52
Q

What is an activity has both governmental and proprietary functions? Does the locality enjoy sovereign immunity?

A

Yes, the governmental aspect prevails

53
Q

How do you determine if an officer and employee of the city enjoys sovereign immunity?

A
  1. Is the locality immune?
    • If no, the employee is not either
    • If yes, move on
  2. Should the employee share immunity?
    • If top level employee (i.e., governor, mayor, CEO)
    • If low level employee
      • Four-factor test (if yes, closer to immunity)
        1. Is nature of the action public?
        2. Was government interested and involved?
        3. Did government exercise control?
        4. Did act involve discretion?
54
Q

Do school boards, administrators, teachers, and bus drivers get sovereign immunity?

A

Yes, by statute

55
Q

What is the rule with respect to immunity of recreational facilities?

A

Cities and towns are immune from liability in operation of recreational facilities unless:

  • Gross or wanton negligence

Note: if activity is arguably related to the operation of the recreational facilitiy, apply this (e.g., trash truck)

56
Q

What is the rule with respect to immunity for doctors?

A

Apply the four-factor test

But probably not immune if they can:

  • Set their own fees
  • Collect their own fees
  • Choose patients
  • Choose treatments
57
Q

What is the rule with respect to immunity for employees driving emergency vehicles?

A

If driving in an emergency situation, immune

If driving in a non-emergency situation, not immune

58
Q

In Virginia, what sort of claims will not be precluded by sovereign immunity?

A
  • Gross negligence
  • Intentional tort (willful or wanton conduct)

But the locality itself may not be sued for the gross negligence or intentional torts of employees

59
Q

What is the notice requirement for negligence cases against counties, cities, and towns in Virginia?

A

In a negligence case, the plaintiff must provide notice to the locality within 6 months after the cause of action arose, otherwise liability is barred

Statute requires strict compliance - i.e., notice must be directly given to either:

  • County, town, or city attorney
  • Mayor
  • CEO
60
Q

What is the rule with respect to nuisance claims against localities?

A

Counties

  • Absolutely immune

Cities and towns

  • Created during authorized activity
    • Must show negligence
  • Created during unauthorized activity
    • Must show situation was dangerous

Note: because negligence plays a role here, 6-month notice requirement applies

61
Q

Do statutes of limitations apply to localities’ claims?

A

Yes

62
Q

Can equitable defenses be raised against localities?

A

No - e.g., locality cannot be estopped from bringing claim because of prior actions or statements to parties

63
Q

What are the requirements for a locality to exercise eminent domain?

A
  1. Public need for property declared in resolution or ordinance directing condemnation
  2. Condemnor made good faith offer to purchase which property owner declined
64
Q

What uses qualify as public uses?

A

Only:

  1. Use by public
  2. Public facilities - e.g., airports, jails, etc.
  3. Use by utility or railroad
  4. Elimination of blighted property that is dangerous
  5. Owner of property agrees to acquisition
65
Q

What are other limitations on condemnation?

A
  1. Public interest must predominate over private gain
  2. Primary purpose cannot be:
    • Financial gain
    • Increase tax base
    • Create more jobs
    • Economic development
66
Q

When a locality acts to eliminate a public nuisance (i.e., dangerous condition) is compensation required to the owner?

A

No, because it is not a taking

67
Q

What happens if a property owner declines the locality’s good faith offer to purchase?

A

Condemnation proceeding must be brought in circuit court where property is located

68
Q

What is the measure of recovery for a property owner whose property is condemned?

A

FMV before the taking, plus:

  • Lost profits
    • For up to three years if:
      • Property was for a business or farm
      • Other steps could not be taken to avoid loss
  • Lost access
    • Loss in value of remaining property due to lost access (you look at FMV before and after)
  • Lost development rights
    • Any development rights that would have been available before condemnation
69
Q

What is the name of property that is leftover after condemnation?

A

Residue

70
Q

What do you call the fact-finders in a condemnation proceeding?

A

Jurors or commissioners

71
Q

What is inverse condemnation?

A

When property is taken indirectly

E.g., storm drain erected to spew water onto your property

This is based on 5th Amendment takings clause

Recovery is reduction in value of property

72
Q

What is required for a municipal corporation to sell or lease public property?

A

3/4 vote of governing body

Leases are limited to 40 years

73
Q

Dillon’s Rule

A

A locality can exercise only those powers EXPRESSLY GIVEN by statute or charter and no other powers, unless necessarily implied in or incident to powers expressly granted, or unless implied power is essential and indispensable to declared purposes for creating locality

74
Q

Who does Dillon’s Rule apply to?

A

Applies to all counties

With respect to cities, Uniform Charter Powers Act permits legislature to provide that “approved” cities and towns may exercise all powers not expressly prohibited by constituion or general laws that are necessary or desirable to promote general welfare of inhabitants

75
Q

Police Power

A

Broad authority- locality may adopt such rules and regulations as are reasonable and necessary for the protection of inhabitatants; almost unlimited- but must relate to healty, safety, morals, and welfare and must not be arbitrary, discriminatory, or unreasonable

76
Q

What is an ordinance?

A

Leglislative acts of local governments and have force and effect similar to that of state statutes (violation= usually a misdemeanor)

77
Q

Presumption and burden of ordinance?

A

Validity is presumed and burden rests on party challenging it

78
Q

4 situations where there are inconsistencies between state and local laws

A

1) State prohibition of activity
2) State authorization of activity- ordinance can’t forbit it
3) State law is silent- ordinance may regulate and prohibit (if within authorized powers of locality)
4) Some state regulation- ordinance also may regulate topic (as long as not inconsistent)

79
Q

What is a “comprehensive plan”?

A

It composes of a zoning ordinance and map with growth areas designated, and must be updated every FIVE years

80
Q

What is conditional zoning?

A

An optional provision under which an applicant may seek “conditional use permit” to undertake particular form of development or use. If request not granted, applicant may submit written proffer

81
Q

Where do you appeal after the decision of the circuit court reviewing local zoning matters?

Is it an appeal of right?

A

VA supreme court (not an appeal of right)

82
Q

What happens if the manner of making or awarding a contract that is prescribed by state law or local ordinance is not followed?

A

K will be held VOID unless court finds it was merely a suggested, not mandatory, procedure

83
Q

What is VA FOIA?

A

Provides that, unless otherwise specificied, ALL PUBLIC RECORDS shall be open to inspection and copying and that “access to such records shall not be denied”

84
Q

How can you make a FOIA request?

A

ANY form of writing may be used (even email)

85
Q

Main categories of exemptions from FOIA

A
  • personnel records
  • written advice of counsel (work product) of investigations
  • criminal and admin investigative records
  • testing results for students and license applicants
  • proprietary computer software of a vendor working for locality
  • property appraisals
  • Personal info (SSN)
  • security systems
86
Q

NO FOIA exemption can prevent access to which two categories of records?

A
  1. Ks between public body and officers/employees, recorsd of position, job classification, official salary and records of allowance/reimbursement paid to official or employee
  2. nonexempt portions of report of consultant hired by or at requrest of local public body which have been distributed to members of local public body or if local public body has been scheduled any action on this matter that is subject of consultant’s report
87
Q

Closed meetings are permitted for:

A
  • employment applications and personnel decisions
  • disposition of publicly held property
  • private matters not related to public buisness
  • discussion with counsel about “actual and probable litigation”
  • tests and examinations
  • hazardous waste siting
  • public contracting (biding, negotiation)
88
Q

VA SC has held that these are NOT circumstances precluding attorney’s fees to prevailing petitioner:

A

1) gov body’s procedure has been followed for several years and no one has complained
2) violation was not willful and knowing
3) another court may have found practice was not impermissible
4) extensive research on FOIA and its requirements did not indicate problem with its procedure

89
Q

govs/mayors/legislators/counsil/heads of departments/judges share immunity of entity for which they work…

A

AUTOMATICALLY

90
Q

What is an Independent Contractor?

A

One who is not a regular employee but instead an IC performing specific task- they CANNOT claim sovereign immunity even if employing locality is immune

91
Q

Legislature has provided that in the case of school bus accidents (negligence) if the board has any insurance for such claims…

A

there is NO immunity from liability up to amount of coverage

Nicole's VA Cards (16 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions