Va Bar: Local Government Law

Front 1

What are the types of municipal corporations?

Back 1

1. Cities (pop. 5000+) - ind from county
2. Towns (pop. 1000+) - not ind from county
3. Service Authority - quasi-municipal

Front 2

What is Dillon's rule?

Back 2

A locality can only exercise those powers expressly granted by statute or charter.

Assumption of implied powers does not exist in VA

Front 3

What are the 3 requirements for a valid ordinance?

Back 3

1. Published prior notice to alert residents
2. Majority vote
3. Not vague

Front 4

What 2 ways can an ordinance be challenged?

Back 4

1. Defense to a violation of the ordinance
2. Complaint for declaratory judgment

presumed valid; burden on challenger
challenger must have standing, issue must be ripe

Front 5

If there is some state regulation in a area, what is the test for whether the ordinance is preempted?

Back 5

Whether it is possible to comply with both the statute and the ordinance.

grounds for preemption:
(1) expressly stated
(2) inconsistent with state law

Front 6

What type of zoning must a locality have?

Back 6

It must have a comprehensive plan that is updated every 5 years.

Front 7

Who enforces zoning and administers the regulatory scheme?

Back 7

Zoning administrator

Front 8

What is the Board of Zoning Appeals?

Back 8

The quasi-judicial body with authority to interpret zoning, rule on appeals, and grant variances.

Front 9

What type of notice is necessary to appeal a zoning decision?

Back 9

Notice of appeal must be given to administrator and BZA within 30 days after decision.

Front 10

What are the 2 requirements necessary to grant a zoning variance?

Back 10

1. Undue hardship not shared by other properties &
2. Not detrimental to area/properties

probably needs to deny landowner ALL possible use of the land to be issued.

Front 11

What must localities do with regard to subdivisions?

Back 11

They must regulate. Thus, they may not prohibit them.

Front 12

How long does a subdivision applicant have to appeal denial of its application?

Back 12

60 days

Front 13

When will a non-conforming grandfathered property stop be grandfathered?

Back 13

-If not used for 2 years, considered abandoned, and new zoning will apply

Front 14

When will a landowner's development rights become "vested"?

Back 14

Only in rare cares, such as when there has been a good faith reliance on specific governmental actions to that owner.

Front 15

How is a BZA decision appealed?

Back 15

A writ of certiorari must be filed with the CC within 30 days of decision.

An appeal from the CC decision goes to the VA Supreme Court.

Front 16

What are the 2 grounds for reversing a BZA decision?

Back 16

1. BZA wrongfully applied rule, or
2. Decision was in error factually or insufficient in regards to facts

(Zoning laws are presumed valid)

Front 17

Under what standard will a court uphold a spot zoning decision?

Back 17

As long as the matter can be fairly debated.

Front 18

Which localities are immune from torts liability?

Back 18

Counties

(Virginia Tort Claims Act waives sovereign immunity of the Commonwealth for tort claims within a certain $ amount)

Front 19

What are the general rules for contracting with a locality?

Back 19

-A contracting party does so at his own peril
-If a K is outside scope of the locality's power, it will be unenforceable (ultra vires)
-If the K is not contracted in the prescribed manner, it is unenforceable

Front 20

What should an entity do to sue on a K with a locality?

Back 20

1. Present claim to government body ("presentment")
2. If the govt body refuses to act, an action may be brought

-Must file claim with CC - 30 day notice of appeal and 6 months to bring suit

Front 21

What are the notification requirements for a contract or equitable monetary claim against a municipal corporation?

Back 21

1. Provide written notice to locality attorney/top exec. officer within 6 months of when CoA arose.
2. Notice describes nature of claim and date/time/place of injury

Front 22

How will compliance with the notification requirements for torts claims be construed?

Back 22

They will be strictly construed, and compliance with them is mandatory.

Front 23

What type of government function provides sovereign immunity?

Back 23

Governmental function

claims arising from the acts/omissions of employees and agents

S.Ct says: governmental if its an exercise of discretionary authority - generally if negligent act involves maintenance or operation of service = proprietary

Front 24

What type of government function does not provide sovereign immunity?

Back 24

Proprietary function

Front 25

What are examples of proprietary functions?

Back 25

-Road maintenance
-Provision of public water, sewer, power
-Housing authorities

(promote safety, comfort, and happiness of residents)

Front 26

What are the 2 steps for determining whether a government employee is immune?

Back 26

1. Is employing governmental unit immune? If no immunity, workers not immune

2. If immune, should employee share the immunity?

Front 27

What types of employees are automatically immune if their employer is immune?

Back 27

Top level employees

Front 28

What is the 4-part test for whether a lower level employee shares his employer's immunity?

Back 28

1. Nature of function - no discretion = proprietary (maintenance or operation of service provided)
2. Govt entity's interest
3. Degree of control & discretion
4. Involvement of exercise of judgment & discretion

NEVER an ind contractor

Front 29

What is the liability of a municipal recreational facility?

Back 29

Only liable for gross or wanton negligence in operation

Front 30

When are doctors immune?

Back 30

If can't set fees, there are limits on what can prescribe and who they can treat

Front 31

When are police, firemen immune?

Back 31

When they are performing in an emergency situation

Front 32

Notice Requirement

Back 32

Must give cities and towns in negligence cases notice in writing within six months after COA arises - must describe nature of claim and date/time/place injury occurred.

Front 33

When does an employee never get immunity?

Back 33

For gross negligence or intentional torts.

Front 34

What is a municipal corporation's liability for nuisance?

Back 34

Same as against private entities - ANY dangerous or hazardous situation

if authorized: negligent creation of dangerous situation
if unauthorized by law: no negligence req'd

(city and town but NOT county)

Front 35

To exercise eminent domain, what are the two general requirements for a locality?

Back 35

1. Public need
2. Good faith offer

Front 36

How is public need defined for eminent domain?

Back 36

It is narrowly defined. The use really must be public, the public interest must predominate over any private gain, and increasing tax revenues/jobs is cannot be the primary purpose.

Front 37

Who are the factfinders in a condemnation proceeding?

Back 37

They are selected like civil jurors, and are known as "commissioners" or "jurors"

Front 38

What is an indirect taking?

Back 38

Where property is damaged or rendered less useful

Front 39

What is the remedy for an indirect taking?

Back 39

Declaratory judgment or damages - called an "Inverse Condemnation Claim" - based on 5A takings cause

no Sovereign Immunity

Front 40

How does a municipal dispose of public property?

Back 40

right to sell or lease

sale of land must be based on ordinance or resolution passed by 3/4 vote of governing body.

leases of real property limited to 40 years.

Front 41

Can a municipality obtain title through adverse possession?

Back 41

yup.

hostile, actual, open, notorious, exclusive, continuous.