Local Government Law

Question 1

Does sovereign immunity apply to the Commonwealth in all suits for money damages caused by negligence of a state employee?

Answer 1

No. VA consents to suits for negligence by state employees if done within the scope of employee
Limit is $100,000

Question 2

How much notice must be given to the Commonwealth by plaintiff for suits against Commonwealth?

Answer 2

12 months after the accrual of the cause of action

still applies even though in torts the period is 2 years

Question 3

A trial court has the power to vacate a default judgment or decree on the grounds of fraud within ______.

Answer 3

two years of rendition

Question 4

When are voters privileged against civil arrest?

Answer 4

on day of election, going to and from voting place

Question 5

What requires a nonparty deponent to bring documentary evidence with him to a deposition?

Answer 5

Subpoena duces tecum

Question 6

Is the right of appeal waived from a conviction in juvenile or domestic relations district court if the defendant pays a fine or begins to serve a sentence?

Answer 6

No. Not waived.

Question 7

When is the VA Supreme Court deemed to be sitting in division?

Answer 7

When three of the justices are convened.

Question 8

When may a party in a civil action inform the jury of the amount of damages sought by plaintiff?

Answer 8

In both the opening and closing statements.

Question 9

A notice of appeal must be filed within ___ of entry of final judgment?

Answer 9

30 days

filed in circuit court

Question 10

When is Supreme Court discretion to hear a petition not allowed?

Answer 10

In cases involving the death penalty.

Question 11

What does the court issue when an appeal is granted?

Answer 11

Certification of Appeal to all counsel.

Question 12

When service of documents is made by mail, how many days are added to the prescribed period?

Answer 12

Three days.

Question 13

To appeal a case from general district court to circuit court, the appeal must be taken within ____

Answer 13

10 days of entry of judgment by noting the appeal in writing with the clerk of the general district court

Question 14

When service of documents is made by e-mail, fax, commercial delivery, how many days are added to the prescribed period?

Answer 14

one day

Question 15

When may a party not make a motion for summary judgment?

Answer 15

Divorce

Question 16

What is a city in VA?

Answer 16

communities with defined boundaries and population of 5,000 or more
cities are completely of counties and counties cannot tax the city

Question 17

What does Dillon’s Rule apply to?

Answer 17

counties not cities

Question 18

What is the limit on general obligation bonds that a locality can issue?

Answer 18

no more than 10% of assessed valuation of real estate
exceptions:
- revenue anticipation bonds
- special fund bonds

Question 19

Can a locality in VA impose an income tax?

Answer 19

No.

Most of funding comes from property taxes

Question 20

Can a locality license business based on the gross receipts of the activity?

Answer 20

Yes. Not an income tax.

Question 21

What is required for a valid ordinance?

Answer 21

1) prior published noticed worded to alert the residents who will be affected
2) majority vote of the governing body at public meeting
3) ordinance is reasonable certain in application (not vague)

Question 22

Who has the burden to challenge the validity of the ordinance?

Answer 22

Burden rests on the party challenging the ordinance.

- complaint for declaratory judgment

Question 23

How often does the comprehensive plan composed of zoning ordinance and map need to be updated?

Answer 23

5 years

Question 24

Who can grant exceptions to zoning requirements?

Answer 24

Board of Zoning Appeals (BZA) can grant exceptions called variances

Question 25

How are appeals of zoning orders taken?

Answer 25

Notice to the Board of Zoning Appeals within 30 days of decision by zoning administrator

Question 26

To grant a variance what needs to be demonstrated?

Answer 26

1) strict enforcement would be an undue hardship not shared by other properties within zoning district; and
2) granting would not be detrimental to surrounding properties

Question 27

Can locality outlaw subdivisions?

Answer 27

No. Cannot impose a moratorium on development

Question 28

If a grandfathered use of land is destroyed, does it need to comply with new zoning when being rebuilt?

Answer 28

Yes.

Grandfathered means can continue use, but cannot rebuild, enlarge or alter

Question 29

How long is the period for disuse for a grandfathered use to be treated as abandoned?

Answer 29

two years of disuse.

Question 30

How are appeals from the board of zoning appeals taken?

Answer 30

30 days after decision by filing a writ of certariori in circuit court
appeal based on:
1) incorrect legal rules
2) preponderance of evidence that decision was in error based on facts

Question 31

A contract beyond a localities power is called?

Answer 31

ultra vires and is unenforceable

- apparent authority of major or executive officer is not sufficient

Question 32

Does the Virginia Tort Claims Act apply to locality?

Answer 32

No waiver for localities.

Counties have absolute immunity

Question 33

What must be done before bringing an action against a locality?

Answer 33

Claim must be presented to locality for allowance

30 days after notice of disallowance then appeal to circuit court

Question 34

What are examples of proprietary functions that localities do not enjoin sovereign immunity?

Answer 34

1) road maintenance
2) public water, sewage, storm drainage, gas, and electricity
3) housing authorities

Question 35

What are factors to determine whether lower level employee are immune from liability?

Answer 35

1) nature of function (public v. private)
2) extent of government’s interest
3) degree of control and direction
4) exercise of judgment and discretion

Question 36

If a school board obtains insurance are they immune from tort claims?

Answer 36

No. Waived sovereign immunity up to limit of insurance policy

Question 37

Can a plaintiff bring an action against employees of localities for gross negligence and intentional torts?

Answer 37

Yes. Can sue employees personally, but not the locality

Must give notice of 6 months after cause of action arises

Question 38

What is an inverse condemnation action?

Answer 38

When property is taken indirectly without formal condemnation

Question 39

Sale of land by locality required what?

Answer 39

Ordinance or resolution passed by 3/4 of the governing body

Question 40

How long can localities lease real property?

Answer 40

Limited to 40 years.

Question 41

When a locality operates a recreational facility, the city may be liable only for _____ negligence in its operation.

Answer 41

Gross or wanton negligence.

Question 42

When suing a locality, does an oral report satisfy the notice requirement?

Answer 42

No. must be in writing. Can be oral to member of the city, who makes a written report.

Question 43

For an action against a locality, is snowplowing considered a government or proprietary function?

Answer 43

Government, because it is a mix of government/proprietary.
Government because responding to an emergency (snow on roads)
Proprietary because it is maintenance of roads

Question 44

Can a locality build a new road, parking garage, and park to attract a new company, if open to public?

Answer 44

Yes. Open to public without interference from new company.

Question 45

Can a locality offer a $10 million loan to attract a new company to the locality? The loan is financed from a general obligation bond.

Answer 45

No. Localities do not have power to borrow money unless authorized by charter.
All general obligation bonds subject to a ceiling of no more than 10% of assessed real property

Question 46

When can a locality exercise eminent domain?

Answer 46

1) public need for the property, declared in ordinance or resolution by governing body of locality
2) municipality made a good faith offer to purchase property and cannot agree
3) owner of land is incapacitated, nonresident, unknown or cannot be found

Question 47

Can a locality in VA abate taxes to attract a new corporation to locality?

Answer 47

No, taxes must be uniform for the same class of subjects.
Power to tax is a positive grant from the state legislature.
Locality main tax is property tax.

Question 48

How much notice must a plaintiff give a country before bringing an action alleging negligence?

Answer 48

within 6 months from when the action accrued.

Question 49

A municipality that operates a public recreational facility is ___

Answer 49

liable only for gross or wanton negligence.

Question 50

Is garbage collection a governmental or proprietary function?

Answer 50

Government - when there is both then it is governmental.

Question 51

Is maintaining a library a governmental or proprietary function?

Answer 51

Governmental.

Localities may receive immunity

Question 52

Is plowing the streets after a snowstorm a governmental or proprietary function?

Answer 52

governmental

Question 53

What can a plaintiff with a tort claim involving property damage do if the locality claims sovereign immunity?

Answer 53

Plaintiff may waive the tort and sue on an implied contract for pay to property wrongfully damaged or taken for public purpose under the “takings” clause.

Question 54

If a city is engaged in proprietary function and thus not able to claim sovereign immunity, can the city still raise a defense of contributory negligence?

Answer 54

Yes. Contributory negligence will bar recovery.

Question 55

Is abatement of a public nuisance considered a taking?

Answer 55

No. within the police power of a city and not subject takings. Thus no compensation is required.