VA Local Government

- tax/be taxed
- sue/be sued
- enter into contracts
- acquire, hold, dispose of money
- take on debt
- eminent domain
- acquire, hold, and dispose of personal property

locality can exercise three types of power:
1. delegated powers from legislature
2. implied powers that are logically connected with express powers
3. powers essential to the local government purpose
* used to attack a local rule as void

state only has INCOME taxing power

...but can require businesses to be licensed and then charge them a tax based on receipts

authority to act for the health and safety of its people

1. prior published notice to alert public of likelihood of the ordinance
2. majority vote of the city council and there must be a quorum
3. ordinance must be reasonably certain in application or else not validly adopted

Challenger has BOP

- not properly adopted
- unconstitutionally vague
- discriminatory without government purpose
- not in authority of the local government (Dylan's Rule)
- preempted by state law

FOUR inconsistencies
1. state prohibition of the activity then local authorization barred
2. state authorization of an activity that local law forbids - local ordinance is void and unenforceable
3. state law is silent - local ordinance may regulate or prohibit if it is within the authorized powers of the locality
4. some state regulation - S Ct says if state law regulates a topic then a local ordinance may also regulate the topic as long as it is consistent with state law

- delegated power from state to local gov
- passed in local council meetings
- ordinance states where it is located on a map and then defines its purpose

job is to enforce ordinance or allow request for something not clearly allowed

quasi-judicial set up by locality and commonly has authority to interpret ordinance and rule/grand an exception or a variance
-- some local governments allow them to grant special use permits

Appeal to Circuit Court within 30 days; file a writ showing BZA applied incorrect legal rules or ruling was in error to any fact finding or sufficiency of fact

appointed group that conducts public hearing as to zoning ordinance and map amendments and makes recommendations to the government bodies

1. strict enforcement causes undue hardship to you as a landowner
2. if variant granted, it will not be detrimental to your neighbor

Proffer: if you change this zoning law then I will do this for the local government

If allowed, it is an enforceable contract in government court

You can use the grandfather provision if:
1. locality makes a significant affirmative act furthering your planned use for the property;
2. landowner relies in good faith on that act; and
3. the land owner must incur substantial monetary or other obligations

- Must enter into Ks only within their authority; generally if you have the authority to perform an activity then you can buy things related to that activity (ex: school buying necessities)

- then governing bodies must approve contractual action or else there may be a contractual defect

- all public records open to inspection or copying by any journalist or citizen by request UNLESS specific exclusion;
- government must respond to request within 5 days
- if no response within 5 days automatic violation of law
(statute is pro-disclosure)

1. contracts between public entities and government
2. non-exempt portions of consulting reports

Each member must publicly certify that only confidential information was being discussed (actual/probate litigation; hiring; property negotiations)

absolutely immune

allows you to sue the state for up to $100,000 but provides immunity to cities, towns, and counties

- can only sue for proprietary actions, not governmental actions
*If even a little governmental action then it becomes all immune

promote the comfort, safety, welfare of citizens

(road maintenance, utility services, operation of municipal housing authority)

if the function is exercise of entities' political, discretionary, or legislative authority

1. Is the entity immune? If no, then no immunity. If yes, then go on.
2. Can you sue the employee? (Four Step Test)

1. can be liable based on the nature of their function - if proprietary probably not covered, if government action then probably is
2. the extent of government's interest in the function (if high then likely to be immune)
3. degree of control exercised by governmental authority (if high then likely to be immune)
4. whether alleged wrongful act involves exercise of judgment and discretion (if yes then probably immune)

teacher, school boards, administrators, and bus drivers have automatic immunity

only liable for gross and wanton negligence in the facility - P must show, high standard

Police/Firefighters responding to a call are governmental, but if not responding to a call/no emergency then no immunity

locality may not be sued

employee can be sued - no immunity

If counties/cities/towns breach contracts then claim must be presented by party claiming breach

They must go and ask again for repair to the breach 30 days later and if the government body says they won't pay, P can appeal to the Circuit Court within 6 months of being disallowed

*Complaint to Cir. Court must state that P went through procedure and was denied

- written notice given to chief attorney within the city/town/county or chief governmental executive (mayor) within 6 months of the action unless P in a coma or something
- any form of delivery permitted
- signed US Mail receipt is prima facie evidence of delivery

- nuisance if conditions in an authorized activity negligently creates a dangerous situation
- localities are liable if activity causing nuisance was unauthorized by law
- same 6 month procedure applies

SOL applies on local municipalities but doesn't apply to the Commonwealth

-governmental body may exercise power after proper proceeding if two things happen:
1. public need for property, which must be declared in the resolution or ordinance directing the condemnation AND
2. condemner having made a good faith offer of purchase cannot agree with the owner as to the compensation to be paid to the owner

GOV has BOP

public interest must dominate over private financial gain AND cannot create additional tax revenue for local government

- Brought in circuit court; fact finders are jurors or commissioners
- recovery is the fair market value of the property PLUS lost profits and damage due to lost access
- affect or residual property - adverse effect on the property owner's remaining property can also be collected

Local government makes surrounding property less valuable or causes damage

- can bring suit

same rules as normal

-Sale must be based on local ordinance/resolution passed with 3/4th vote of governing body of municipality
- Leases of real property can't be for longer than 40 years