LOCAL GOVERNMENT LAW (LAW 272) Fall 2016 Syllabus Instructor: Chris Costa Telephone: (703) 324-2642 Email: christopher.costa@fairfaxcounty.gov Class hours: Wednesdays, 6 to 7:50 p.m., Aug. 24 to Nov.30. No class November 23 due to the Thanksgiving holiday. Classroom: TBD Course Focus: This class will cover the organization, processes, and legal authority exercised by local governments, as well as localities interaction with citizens, stakeholder organizations, and state and federal powers. The class subject straddles legal and political concepts and is national, including state and federal laws that affect local governments. We will focus, however, on Virginia cases and legislation and compare cases and legislation from other jurisdictions. Office Hours: Instead of formal office hours and barring unforeseen circumstances, I will be available after each class or by appointment. Appointments can be made by email, telephone, or in person when we meet for class. Grading: 100% of the grade will be a final exam. A grade may be adjusted, however, to the next higher or lower grade (for example, a B to a B+ or an A- to a B+) based on class participation and attendance at my discretion. The final exam is currently scheduled for December 5, 2016, at 6:00 p.m. Students will have two hours. Technology, Recording, and Snacks: During class, use of internet, cell phones, any electronic communications (e.g., email, instant messaging, social media, etc.), and any recording devices are prohibited without express permission. I do not plan to use them in class either. Students may use laptops for taking notes or reading downloaded materials (e.g., cases). Of course, I am not going to walk around checking screens; we are governed only by common courtesy towards each other and the school s honor code. Trust that we can all tell when folks are surfing or messaging friends. This policy is to preserve the quality of class discussion for all, not to torture anyone. 1
In contrast to generally accepted courtesy and if the school allows it, snacks are encouraged because they may help to keep you alert and engaged in discussion. There is no need to bring enough for all, but this is a great way to make friends and influence people. Required Textbook and Readings: Cases and Materials on State and Local Government Law, Briffault & Reynolds (7th ed. West 2004). We will not read the entire textbook. There will also be assigned illustrative case decisions during the semester to complement the textbook. Please obtain these cases on Westlaw, Lexis, on the respective court s website, or in the law school s library. The following is the tentative course schedule. I recommend that students refrain from reading ahead as these readings may be modified by an announcement in class or by email. August: 24 Introduction to the Law Governing State and Local Government; Why Do the People Want or Need Separate State and Local Governments? Textbook pp. (pp.) 1-27 up to, but not including, the excerpt of the article by Charles M. Tiebout and Arlington County v. White, on p. 317 of textbook; West Brothers Brick Company v. City of Alexandria, 169 Va. 271, 192 S.E. 881, appeal dismissed, 302 U.S. 658 (1937). 31 Constitutional Status of Local Governments Textbook: pp. 68-75; pp. 115-127; and pp. 159-173. 2
September: 7 Formation and Structure of Local Governments; Municipalities and Counties; Instrumentalities of Local Government, Authorities and Service Districts I. Municipal Incorporation: Textbook page 194 and notes at pp. 196-199 and 206-210; and Bennett v. Garrett, 132 Va. 397, 112 S.E. 772 (1922) (Do not focus on the evidentiary issues; please focus on the Court's general explanation of when incorporation should occur.). II. Annexation: Textbook pp. 211-212 and note no. 6 on p. 224 Please read the 3 following cases and focus on the second one (Rockingham County) analyzing annexation: o Fairfax County v. Town of Fairfax, 201 Va. 362, 111 S.E. 2d 428 (1959); o Rockingham County v. City of Harrisonburg, 224 Va. 62, 294 S.E. 2d 825 (1982); and o City of Hopewell v. County of Prince George, 240 Va. 306, 397 S.E. 2d 793 (1990). III. Authority as a valid political subdivision: Mumpower v. Housing Authority of City of Bristol, 176 Va. 426, 11 S.E. 2d 732 (1940). 14 Scope of State and Local Power and Mechanics of State Constitutions I. State-Local Relations: Textbook page 278 to page 281 stopping just before Section B. II. State Constitutional Bans on Special Legislation: Textbook page 288 starting at Section 2 (The Ban on Special Legislation) to page 302, but do not include notes 1 or 4 or any part of Emerald Isle v. State; and The following portions of the Virginia Constitution: Article IV, Section 14, subparagraphs (4), (7), (8), (9), and (10) (identifying limitations on the General Assembly's legislative powers). 3
III. IV. Dillon's Rule: Textbook page 314 starting at Section C to page 317, but do not include any part of Arlington v. White; and The following sections of the Virginia Constitution: Article VII, Sections 1, 3, 4, 5, and 7. Home Rule: Textbook page 331 starting at Section 2 to page 344, but only read note 2, no need to read note 1 or any note after note 2. 21 Scope of State and Local Power (continued), Preemption, and Other Limitations I. Dillon Rule Continued: Advanced Towing Co., LLC v. Fairfax Cnty. Bd. of Sup'rs, 280 Va. 187, 694 S.E.2d 621 (2010). II. Preemption of Local Regulation by State: Textbook p. 406 starting at Section D. to p. 414 stopping just before City of Northglen v. Ibarra; Textbook p. 422 to 428, read notes 1 to 4, not note 5; and Textbook p. 429 to 440, but do not read note 3 on pp. 437-438 or note 5 on page 440. In addition on the topic of preemption, please read: King v. Arlington Cnty., 195 Va. 1084, 81 S.E.2d 587 (1954); Bd. of Sup'rs of Loudoun Cnty. v. Pumphrey, 221 Va. 205, 206, 269 S.E.2d 361, 362 (1980); and City of Norfolk v. Tiny House, Inc., 222 Va. 414, 421, 281 S.E.2d 836, 840 (1981). 28 Interlocal Relations and Regional Governance Textbook starting at the notes on page 454 to page 463 stopping just before Village of Barrington Hills v. Village of Hoffman Estates; Textbook pp. 531-539 starting at Section B and stopping just before English v. Board of Education of Town of Boonton; Textbook pp. 543 to 546, read only notes 1, 4, 5, and 6. 4
Textbook pp. 560-566 stopping just before Seto v. Tri- County Metropolitan Transportation District of Oregon; Textbook pp. 569 to 571 notes 1, 2, and 3 (we will not discuss the Seto case, so do not worry about the questions in these notes about that case.) Textbook pp. 578-587 starting at the section entitled Creating a Multi-Purpose Regional Structure and ending at note 5 (meaning that note 6 is not assigned). October: 5 Enactment, Interpretation, and Enforcement of Ordinances Virginia Code 15.2-1425, 15.2-1426, 15.2-1427, and 15.2-1428. In addition to research services that the Law School provides you, you can also find the Virginia Code on the Commonwealth s website at this link: http://law.lis.virginia.gov/vacode; Virginia Code 15.2-2204 (relating to ordinances that address land use planning and zoning) and 15.2-2286(A)(7) (relating to the amendment or repeal of zoning ordinances); I. Issues in the enactment of ordinances: o Glazebrook v. Board of Sup rs of Spotsylvania County, 266 Va. 550, 587 S.E.2d 589 (2003); o Gas Mart Corp. v. Board of Sup rs of Loudoun County, 269 Va. 334, 611 S.E.2d 340 (2005); o Ace Temporaries, Inc. v. City Council of City of Alexandria, 274 Va. 461, 649 S.E.2d 688 (2007); and o Arogas, Inc. v. Frederick County Bd. of Zoning Appeals, 280 Va. 221, 698 S.E.2d 908 (2010). II. Issues in the Interpretation of ordinances (the parenthetical statements are intended to help explain what our focus will be in each case): o Town of Leesburg v. Giordano, 280 Va. 597, 701 S.E.2d 783 (2010) (explaining the fairly debatable standard to review legislative action); o Tazewell County School Board v. Brown, 267 Va. 150, 591 S.E.2d 671 (2004) (explaining both the 5
great weight given to public officials construction of a statute and an Attorney General s Opinion in statutory construction); o Nielsen Co. (US), LLC v. County Bd. Of Arlington County, Va., 767 S.E.2d 1 (2015) (clarifying the difference between deference and great weight; construction of statutes that impose taxes; and the cannon of plain meaning ); and o Board of Sup rs of James City County v. Windmill Meadows, LLC, 287 Va. 170, 752 S.E.2d 837 (2014) (explaining the retroactive application of statutes that regulate localities). III. Issues in the enforcement of ordinances: o City of Richmond v. Hayes, 212 Va. 428, 184 S.E.2d 784 (1971) (discussing when a writ of mandamus lies); o WTAR Radio-TV Corp. v. City Council of City of Virginia Beach, 216 Va. 892, 223 S.E.2d 895 (1976) (discussing mandatory and prohibitory injunctions to enforce laws); o Carbaugh v. Salem, 225 Va. 310, 302 S.E.2d 33 (1983) (explaining the special rule regarding enjoining future, repeated violations of law); o Rainey v. City of Norfolk, 14 Va. App. 968, 421 S.E.2d 210 (1992) (explaining ex post facto and retroactive legislation; describing the broad array of remedies a court may impose when enforcing an injunction in a contempt proceeding); and o Tran v. Gwinn, 262 Va. 572, 554 S.E.2d 63 (2001) (interpreting an ordinance in the face of a constitutional challenge; explaining the specificity required in injunctions). 12 Land Use; Zoning, Environmental, and Transportation Regulation; Federal Land Use Limitations on Local Governments Constitutional Conditions on Land Use The following four cases; there is no need to prepare the dissenting opinions: Nollan v. California Coastal Com'n, 483 U.S. 825, 107 S.Ct. 3141 (1987); Dolan v. City of Tigard, 512 U.S. 374, 114 S.Ct. 2309 (1994); 6
Koontz v. St. Johns River Water Management Dist., 133 S.Ct. 2586 (2013); and Cupp v. Board of Supr's of Fairfax County, 227 Va. 580, 318 S.E.2d 407 (1984). Article 1, Section 11 of the Virginia Constitution (relating to the damaging and taking of property for public use with just compensation). 19 Land Use (continued); Eminent Domain and Inverse Condemnation; and Acquisition and Disposal of Property Livingston v. Va. Dept. of Transportation, 284 Va. 140, 726 S.E.2d 264 (2012); and Richmeade L.P. v. City of Richmond, 267 Va. 598, 594 S.E.2d 606 (2004). 26 Liability; Sovereign Immunity; Contract and Tort Claims Procedures I. Tort Liability: In the Textbook Section B Tort Liability, pp. 924-926 and p. 930-966 starting at Goodman v. City of Le Claire and ending at Section C entitled Public Employment Issues. Do not read the Keystone Electrical Manufacturing case from pp. 926-930 or notes Nos. 5-6 pp. 938-41. II. Virginia Code 15.2-209 (procedure for notice of tort claims against local governments) and the following cases: Nelson County v. Coleman, 126 Va. 275 (1919); Bialk v. City of Hampton, 242 Va. 56 (1991); Woods v. Town of Marion, 245 Va. 44 (1993); Messina v. Burden, 228 Va. 301 (1984); and Seabolt v. Cnty. of Albemarle, 283 Va. 717 (2012). November: 2 Liability; Sovereign Immunity; Contract and Tort Claims Procedures (cont.) I. The current versions of the following sections of the Virginia Code (including claims procedures against counties) and the following cases and opinion considering 7
these sections (NOTE: the cases cite earlier section numbers that contained essentially the same statutory language): Va. Code 15.2-1243 through and including 15.2-1249; Viking Enter., Inc. v. Cnty. of Chesterfield, 277 Va. 104, 670 S.E.2d 741 (2009); Nuckols v. Moore, 234 Va. 478, 362 S.E.2d 715 (1987); Dominion Chevrolet Co. v. Henrico Cnty., 217 Va. 243, 228 S.E.2d 131 (1976); Stamie E. Lyttle Co. v. Hanover Cnty., 231 Va. 21, 341 S.E.2d 174 (1986); Parker v. Prince William Cnty., 198 Va. 231, 93 S.E.2d 136 (1956) (please be prepared to discuss whether this case involves an action in tort or other action; please be prepared to discuss whether the plaintiff should have used the above noted statutes or the procedure in Va. Code Section 15.2-209); Va. Code 15.2-2604; and Opinion of the Attorney General issued September 28, 2012, (Opinion No. 12-029) (found at 2012 WL 4754009). 9 Liability; Sovereign Immunity; Contract and Tort Claims Procedures (Continued) No additional reading assignment 16 Federal, State, and Local Budget Processes and Lobbying Reading assignment to be handed out prior to this class and potential guest speaker. 30 Potential Guest Speaker, End of Course Review, and Exam Discussion. 8