DOCSLIB.ORG

Supreme Court of Virginia ______

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Supreme Court of Virginia ______ In The Supreme Court of Virginia ________________ Record No. 200195 ________________ HISTORIC ALEXANDRIA FOUNDATION, Appellant, v. CITY OF ALEXANDRIA and VOWELL, LLC, Appellees. ___________________ BRIEF AMICI CURIAE OF HUGO L. BLACK LAW CLERKS IN SUPPORT OF APPELLANT _____________________ A.E. DICK HOWARD (VSB 08606) JOHN G. KESTER School of Law 313 North Saint Asaph Street University of Virginia Alexandria, Virginia 22314 580 Massie Road (703) 548-7163 Charlottesville, Virginia 22903 (202) 434-5029 (fax) (434) 466-6979 [email protected] (434) 924-7536 (fax) [email protected] GEORGE L. SAUNDERS, JR. Suite 2000 120 North LaSalle Street Chicago, Illinois 60602 (312) 444-9656 (312) 277-5205 (fax) [email protected] Attorneys Pro Se TABLE OF CONTENTS Page TABLE OF AUTHORITIES ................................................................................... iii INTEREST OF THE AMICI ...................................................................................... 1 STATEMENT OF THE CASE .................................................................................. 3 A. Facts ....................................................................................................... 3 B. Proceedings Below ................................................................................ 8 ASSIGNMENTS OF ERROR ................................................................................. 10 STANDARDS OF REVIEW ................................................................................... 10 SUMMARY OF ARGUMENT ............................................................................... 11 ARGUMENT ........................................................................................................... 13 I. THE CIRCUIT COURT IMPROPERLY DISMISSED ON DEMURRER FOR LACK OF STANDING. ......................................... 13 A. The Circuit Court Misunderstood This Court’s Standing Decisions. .................................................................................. 13 1. “Particularized Harm” Was Overwhelmingly Alleged. ...................... 13 2. The Circuit Court’s Dismissal Conflicts With Rulings of Other Courts. .................................................................................. 18 B. The Circuit Court Erroneously Dismissed on Demurrer Without Leave To Amend. ....................................................................... 19 1. Dismissal on Demurrer Based on Standing Allegations Is Not Favored. .................................................................................... 19 - i - Page 2. The Circuit Court Abused Its Discretion in Denying Leave To Amend. ................................................................................ 20 II. THE CIRCUIT COURT ALLOWED NONCOMPLIANCE WITH STATUTORY MANDATES. ............................................................ 22 A. The Circuit Court Disregarded Requirements of the Alexandria City Code. .............................................................................. 22 1. Failure To Apply Mandatory Factors. ................................................. 23 2. Reliance on Impermissible Factors. .................................................... 24 3. Refusal To Consider Landmark Designation. ..................................... 28 4. Misunderstanding of “Fairly Debatable.” .......................................... 30 B. The Circuit Court Ignored the Plain Command of the Open-Space Land Act. .............................................................................. 34 III. THE DISMISSAL WOULD END MEANINGFUL REVIEW UNDER HISTORIC-PRESERVATION STATUTES. ............................... 38 CONCLUSION ........................................................................................................ 39 CERTIFICATE OF SERVICE AND COMPLIANCE ........................................... 40 - ii - TABLE OF AUTHORITIES Page Cases: Abi-Najm v. Concord Condominium, LLC, 280 Va. 350, 699 S.E.2d 483 (2010) ............................................................................................................. 31 Alexander v. Kuykendall, 192 Va. 8, 63 S.E.2d 746 (1951) ............................... 20 Ames v. Town of Painter, 239 Va. 343, 389 S.E.2d 702 (1990) ................... 23, 33 Anthony v. Verizon Va., Inc., 288 Va. 20, 758 S.E.2d 527 (2014) ..................... 32 Assurance Data, Inc. v. Malyevac, 286 Va. 139, 747 S.E. 2d 804 (2013) ......... 32 Board of County Supervisors v. Carper, 200 Va. 553, 107 S.E.2d 390 (1959) ............................................................................................................. 33 Board of County Supervisors v. Davis, 200 Va. 316, 106 S.E.2d 152 (1958) ............................................................................................................. 25 Board of Supervisors v. Fralin and Waldron, Inc., 222 Va. 218, 278 S.E.2d 859 (1981) ................................................................................... 34 Board of Supervisors v. McDonald’s Corp., 261 Va. 583, 544 S.E.2d 334 (2001) .................................................................................. 25 Board of Supervisors v. Southland Corp., 224 Va. 514, 297 S.E. 2d 718 (1982) ............................................................................................................. 33 Board of Supervisors v. Williams, 216 Va. 49, 216 S.E.2d 33 (1975) ......... 31, 34 CaterCorp, Inc. v. Catering Concepts, Inc., 246 Va. 22, 431 S.E.2d 277 (1993) ............................................................................................................. 19 Chesapeake Bay Foundation, Inc. v. Commonwealth ex rel. Va. State Water Control Bd., 52 Va. App. 807, 667 S.E.2d 844 (2008) ....... 19 City of Richmond v. Randall, 215 Va. 506, 211 S.E.2d 56 (1975) ..................... 33 City of Virginia Beach v. Hay, 258 Va. 217, 518 S.E.2d 314 (1999) ................ 38 - iii - Page Concerned Taxpayers v. County of Brunswick, 249 Va. 320, 455 S.E.2d 712 (1995) ................................................................................... 31 Coutlakis v. CSX Transp., Inc., 293 Va. 212, 796 S.E.2d 556 (2017) ............... 32 Covel v. Town of Vienna, 280 Va. 151, 694 S.E.2d 609 .................................... 33 Cupp v. Board of Supervisors, 227 Va. 580, 318 S.E.2d 407 (1984) ........... 17, 18 CVAS 2, LLC v. City of Fredericksburg, 289 Va. 100, 755 S.E.2d 912 (2015) ............................................................................................................. 11 Dodge v. Trustees, 276 Va. 1, 661 S.E.2d 801 (2008) ....................................... 34 Dunn, McCormack, & MacPherson v. Connolly, 281 Va. 553, 708 S.E.2d 867 (2011) ...................................................................................................... 10 Friends of the Earth, Inc. v. Gaston Copper Recycling Co., 204 F.3d 149 (4th Cir. 2000) ............................................................................................... 18 Friends of the Rappahannock v. Caroline County Bd., 286 Va. 38, 743 S.E.2d 132 (2013) ............................................................. 9, 10, 15, 16, 21 Fun v. Virginia Military Institute, 245 Va. 249, 427 S.E.2d 181 (1993) ........... 32 Glazebrook v. Board of Supervisors, 266 Va. 550, 587 S.E.2d 589 (2003) ...... 31 Goldman v. Landsidle, 262 Va. 364, 552 S.E.2d 67 (2001) .............................. 18 Harris v. Kreuzer, 271 Va. 188, 624 S.E.2d 24 (2006) ...................................... 11 Howell v. McAuliffe, 292 Va. 320, 788 S.E.2d 706 (2016) .......................... 17, 20 Hubbard v. Dresser, Inc., 271 Va. 117, 624 S.E.2d 1 (2006) ............................ 31 Hunter v. Burroughs, 123 Va. 113, 96 S.E. 360 (1918) ..................................... 20 Kole v. City of Chesapeake, 247 Va. 51, 439 S.E.2d 405 (1994) ................. 11, 21 Lewis v. Kei, 281 Va. 715, 708 S.E.2d 884 (2011) ............................................. 31 - iv - Page Mortarino v. Consultant Engrg. Svces,. Inc., 251 Va. 289, 467 S.E.2d 778 (1996) ................................................................................... 21 Newberry Station Homeowners Ass’n v. Board of Supervisors, 285 Va. 604, 740 S.E.2d 548 (2013) ........................................... 22, 23, 25, 34 Payne v. City of Charlottesville, 97 Va. Cir. 51 (2017) ............................... 19, 21 Pendleton v. Newsome, 290 Va. 162, 772 S.E.2d 759 (2016) ............................ 10 Peterson v. Castano, 260 Va. 299, 534 S.E.2d 736 (2000) ................................ 21 Philip Morris USA Inc. v. Chesapeake Bay Found., Inc., 273 Va. 564, 643 S.E.2d 219 (2007) ................................................................................... 19 Renkey v. County Bd., 272 Va. 369, 634 S.E.2d 352 (2006) ............ 23, 25, 30, 34 Renner v. Stafford, 245 Va. 351, 429 S.E.2d 218 (1993) ................................... 34 Riverview Farm Assocs. Va. Gen. Pshp. v. Board of Supervisors, 259 Va. 419, 528 S.E.2d 99 (2000) ......................................................... 17, 31 Schilling v. Schilling, 280 Va. 146, 695 S.E.2d 181 (2010) ............................... 31 Sierra Club v. Morton, 405 U.S. 727 (1972) ...................................................... 19 Taylor v. Northam, No. CL 20-3339, Cir. Ct. Richmond (Aug. 3, 2020) .......... 18 Thompson ex rel. Thompson v. Skate America, Inc., 261 Va. 121, 540 S.E.2d 123 (2001) .......................................................................................... 33
Load more

Recommended publications
  • Pdfopening Brief in the Va Supreme Court.Pdf
    IN THE SUPREME COURT OF VIRGINIA __________________________________________________ Record No. 191132 __________________________________________________ MICHAEL V. McCLARY, et al., Appellants, v. SCOTT H. JENKINS, et al., Appellees. __________________________________________________ OPENING BRIEF __________________________________________________ From the Circuit Court of Culpeper County Case No. CL 18-1373-00 __________________________________________________ Vishal Agraharkar (VSB #93265) Casey E. Lucier (VSB #80363) Eden B. Heilman (VSB #93554) Dale G. Mullen (VSB #48596) Jennifer Safstrom (VSB #93746) Travis. C Gunn (VSB #86063) AMERICAN CIVIL LIBERTIES Ashley P. Peterson (VSB #87904) UNION FOUNDATION OF VIRGINIA MCGUIREWOODS LLP 701 E. Franklin Street, Ste. 1412 800 East Canal Street Richmond, VA 23219 Richmond, VA 23219 Phone: (804) 523-2151 Phone: (804) 775-7695 Fax: (804) 649-2733 Fax: (804) 698-2153 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Counsel for Appellants TABLE OF CONTENTS Page TABLE OF AUTHORITIES .................................................................................... iv NATURE OF THE CASE ......................................................................................... 1 ASSIGNMENTS OF ERROR ................................................................................... 3 FACTS AND MATERIAL PROCEEDINGS ........................................................... 4 I. The Board
    [Show full text]
  • July 28, 2021 Proposed Amendments to the Constitution of Virginia For
    C OMM ONW E A LTH O F VIRG INIA HOUSE OF DELEGATES RICHMOND SUZETTE DENSLOW CLERK O F T HE HOUSE OF DEL EGATES AND KEEP ER O F T H E R OLL S OF T HE COMMONW EA LT H ,. $ T ATE CAPITO L P OST OFFICE Box 406 R ICHMON D , V I RGINIA 2 3 2 18 TO: FROM: DATE: July 28, 2021 RE: Proposed amendments to the Constitution of Virginia for posting As you may be aware,§ 30-13 of the Code of Virginia directs the Clerk of the House of Delegates to have published all proposed amendments to the Constitution of Virginia. In fulfillment of that statutory requirement, please find below links to two proposed amendments to the Constitution of Virginia that were agreed to by the Virginia General Assembly during the 2021 Special Session I. Please note that these were first-reference resolutions and will not appear on the ballot unless passed by the General Assembly again next year. HJR 555/SJR 272: Proposing an amendment to Section 1 of Article II of the Constitution of Virginia, relating to qualifications of voters and the right to vote; persons not entitled to vote. (First reference) HJR 582/SJR 270: Proposing an amendment to Section 15-A of Article I of the Constitution of Virginia, relating to marriage; repeal of same-sex marriage prohibition; affirmative right to marry. (First reference) Section 30-13 also requires the clerk of the circuit court of each city and county to post one copy of each amendment at the front door of the courthouse and make a second copy available for inspection by any citizen.
    [Show full text]
  • 2018 Proposed Constitutional Amendment
    Proposed Constitutional Amendments To be voted on at the November 6, 2018 Election 1 Article X. Bill of Rights. Taxation and Finance. Section 6. Exempt property. Ballot Question cultural, or public park and playground purposes, as may be provided by classification or designation by an ordinance adopted by the local governing body and subject to such Question: Should a county, city, or town be authorized to pro- restrictions and conditions as provided by general law. vide a partial tax exemption for real property that is subject to recurrent flooding, if flooding resiliency improvements have been (7) Land subject to a perpetual easement permitting inundation by water as may be ex- empted in whole or in part by general law. made on the property? (b) The General Assembly may by general law authorize the governing body of any coun- Explanation ty, city, town, or regional government to provide for the exemption from local property Present Law taxation, or a portion thereof, within such restrictions and upon such conditions as may be prescribed, of real estate and personal property designed for continuous habitation Generally, the Constitution of Virginia provides that all property shall be owned by, and occupied as the sole dwelling of, persons not less than sixty-five years of taxed. The Constitution of Virginia also sets out specific types of property age or persons permanently and totally disabled as established by general law. A local that may be exempted from taxation. For example, the Constitution of governing body may be authorized to establish either income or financial worth limita- Virginia allows the General Assembly to permit localities to provide a par- tions, or both, in order to qualify for such relief.
    [Show full text]
  • Fairfax County Legislative Summary 1.24.2019
    FAIRFAX COUNTY LEGISLATIVE SUMMARY 2019 GENERAL ASSEMBLY January 24, 2019 1 Fairfax County Legislative Summary 2019 General Assembly Board of Supervisors Report Key Bold = Date Position taken by full Board of Supervisors [ ] = Date position taken by BOS Legislative Bill No. – Patron, (District No.) Committee/Floor Committee Bill Title Actions Italics= Date position recommended by staff HB 589 - Watts (39) 1/10/2006 House: Referred to 12/5/2005 Blue Star Memorial Committee on Transportation Highway; designating as portion of Old Keene Mill Road in Fairfax County. Initiate (067916260) Summary: Designates a portion of Old Keene Mill Road in Fairfax County a "Blue Star Memorial Highway." Bold = Board Position, [ ] = BOS Legislative Committee Position, Italics=Staff Recommended Position Changes (LD No. is version of bill on which position was taken) Summary -- Reflects latest version of summary available on the Legislative Information System Web Site (If not noted otherwise, reflects summary as introduced) 2 Table of Contents Bill Subject Fairfax County Initiatives Pages 9-10 (Bills Introduced at County’s request): HB 1913 Subdivision ordinance; sidewalks. Bulova, D HB 2578 Secondary state highways; six-year plan, public Plum, K meeting. SB 1663 Subdivision ordinance; sidewalks. Barker, G SB 1684 Secondary state highways; six-year plan, public Petersen, J meeting. Fairfax County Positions (Oppose or Amend): Pages 11-19 HB 1655 Real property tax exemption for disabled Miyares, J veterans; surviving spouse's ability to change residence. HB 1667 Virginia Public Procurement Act; statute of Kilgore, T limitations on actions on construction contracts, etc. HB 1703 Aviation jet fuel; taxation, distribution of Guzman, E certain revenue to Metro.
    [Show full text]
  • A Student Guide to Virginia's Legislative Process for Grades 6
    A Student Guide to Virginia’s Legislative Process for Grades 6 and 7 Setting the Stage The Constitution of Virginia was first approved in 1776. This document outlining Virginia’s fundamental law has been completely revised on five occasions. Minor changes, also known as amendments, have been approved many more times. Changes or revisions to the Constitution of Virginia may be proposed by the Virginia General Assembly or a constitutional convention established by the legislative branch. Any changes must be approved by voters in the Commonwealth. The most-recent major revision occurred in 1971. For Example, two changes were made to the Constitution of Virginia in 2000. The first change declared the right of people to hunt, fish and harvest game. The second change established the Lottery Proceeds Fund for all revenues from any state-run lottery. Those proceeds must then be spent locally for public education. Two major components of the Constitution of Virginia are the provisions for three separate and distinct branches of state government, along with the election process for all statewide elected officials, legislators, members of local governing bodies and constitutional officers in localities. State government is divided into three branches: executive, legislative and judicial. All branches are guided by the Constitution of Virginia. EXECUTIVE BRANCH LEGISLATIVE BRANCH JUDICIAL BRANCH This branch of the This branch of the This branch of the Commonwealth executes or Commonwealth is the Commonwealth interprets carries out policy passed by General Assembly. Senators the laws that establish the the General Assembly. and Delegates establish policy. policy through legislation. Governor General Assembly Supreme Court Lieutenant Cabinet House of Senate Court of Appeals Governor Secretaries Delegates Attorney General Other Related Agencies Lower Courts A Preview of Legislative Terms AMENDMENT A change made to legislation in committee or on the chamber floor that adds to, revises, or deletes language from the legislation.
    [Show full text]
  • Preserving the Virginia Constitution's Prohibition on Special Legislation
    Preserving the Virginia Constitution’s Prohibition on Special Legislation Conor D. Woodfin* Introduction “State courts have authority to construe their own constitutional provisions however they wish.”1 Sixth Circuit Judge Jeffrey Sutton argues that when a state supreme court analyzes a state constitutional provision with an analogous federal constitutional provision, the justices should interpret the provisions independently.2 This Comment builds on Judge Sutton’s recent book and a growing body of scholarship by applying the general principle to a particular case: the Supreme Court of Virginia should independently interpret Article IV, section 14 of the Constitution of Virginia. Section 14 contains Virginia’s prohibition on special legislation—a provision common in many state constitutions but entirely foreign to the US Constitution.3 Rather than surrendering interpretation of this provision to the US Supreme Court, Virginia should “jealously reserve the right under [its] state constitutional provisions to reach results different from current United States Supreme Court precedent . .”4 Some states look to their own courts’ precedent rather than that of the federal courts when analyzing a provision in their state constitution that has an analogous provision in the federal constitution.5 Where there is no * J.D. 2020, Antonin Scalia Law School, George Mason University; B.S. 2017, Hillsdale College. Thank you to Professor David Bernstein for insightful comments; Travis Royer for helpful guidance; and Harrisson Kummer, Miranda Isaacs, Lea Schild, and the George Mason Law Review editors for outstanding work in bringing this Comment to publication. 1 JEFFREY S. SUTTON, 51 IMPERFECT SOLUTIONS 16 (2018). 2 Id. 3 Justin R.
    [Show full text]
  • Specrept #135
    SPECIAL February 2008 No. 159 REPORT Virginia Supreme Court Considers Taxpayer Protections in NVTA Tax Case By primarily because an unelected board cannot Joseph Henchman Introduction and Summary impose taxes without voter approval under the Tax Counsel On January 1, 2008, residents of Northern Tax Foundation Virginia Constitution. Indeed, in this case, Virginia began paying seven new taxes that will voters have on several occasions explicitly re- raise $326 million a year. The taxes are im- jected NVTA-type taxes. posed by the Northern Virginia Transportation Authority (NVTA), a governmental entity cre- Oral arguments were heard by the state ated in 2002 but not given the power to tax supreme court on January 8, 2008, after a 1 and issue bonds until 2007. lower court judge (Judge Benjamin Kendrick) had ruled the NVTA to be constitutional.2 Only an elected body can issue debt Many states have taxpayer protections built into their state constitution, and Virginia or impose taxes. Here, the Northern is no exception. Some of these Virginia tax- Virginia Transportation Authority, payer protections include: not the legislature, is imposing taxes • Legislative power is vested with the and issuing debt. Because its legislature and cannot be delegated without constraints.3 This limits the members are not elected, its actions legislature if it seeks to avoid responsi- should be held to violate Article VII, bility by turning over the Section 7. decision-making power to other entities. • The power to tax, once described The taxes may not last long. The Virginia by Chief Justice John Marshall as Supreme Court is considering a lawsuit chal- the “power to destroy,”4 cannot be lenging the NVTA as unconstitutional, 1 The NVTA website’s FAQ helpfully notes that the Northern Virginia Transportation Authority is distinct from the Northern Virginia Transportation Alliance, the Northern Virginia Regional Commission (NVRC), and the Northern Virginia Transportation Commission (NVTC).
    [Show full text]
  • Virginia Government in Brief
    2018-2022 2018-2022 VIRGINIA GOVERNMENT2018 - 2022 IN BRIEF Governor Ralph S. Northam 1 VIRGINIA GOVERNMENT IN BRIEF INTRODUCTION The following publication provides a short and concise description of Virginia’s state and local governments. Specifically, this publication is designed to: describe the organization and mission of the various branches of state and local governments; outline the duties and responsibilities of major state and local agencies; and introduce special purpose districts and authorities that transcend traditional state and/or local jurisdictional lines. Lieutenant Governor Justin E. Fairfax 2 2018 - 2022 This handbook is an informational document on Virginia’s state and local governments. Since periodic changes take place in the institutional structure of state and local governments, the handbook is revised once every four years. Included in this publication are brief sections describing the nature and function of Virginia’s legislative and judicial processes. These sections help the reader to understand the interrelationship among the legislative, judicial, and executive branches of government. Attorney General Mark R. Herring 3 VIRGINIA GOVERNMENT IN BRIEF CONTENTS State Government …………………………. 6 The Election System ……………………………………. 6 Voter Registration ……………………………………….. 6 Department of Elections …………………………………. 7 Electoral Board ………………………………………….. 7 General Registrar/Director of Elections……….………… 8 Officers of Election ……………………………………… 8 The Election Process …………………………………….. 9 The Legislative Department ……………………………
    [Show full text]
  • LOB 181, Judicial Support (Circuit Court and Records
    Circuit Court and Records LOB #181: JUDICIAL SUPPORT Purpose Because all functions of the Clerk’s Office are mandated by the Code of Virginia, the primary purpose is to observe all Code-mandated duties and Rules of Court related to judicial administration. Circuit Courts are established in the Constitution of Virginia, and the Circuit Court serves as Fairfax’s trial court of record. Taken together, Title 8 “Civil Remedies & Procedure,” Title 19 “Criminal Procedure,” and Title 17 “Circuit Courts” of the Code of Virginia sets the basic pretrial, trial, and appellate processes, and Supreme Court Rule 2:101 to 2:1101 guides trial practice. The Virginia Supreme Court establishes goals for concluding civil cases within 12 months and domestic cases within 15 months from initial filing; the Virginia Speedy Trial Statute demands a defendant be tried within five months. The purpose of the Judicial Support Division is to assist Judges of the Fairfax Circuit Court in meeting and exceeding these mandates every year. Description The Judicial Support Division provides the Circuit Court judges with legal research, trial preparation, chambers administration, official correspondence with parties, legislative updates, docket management and caseload management. The Fairfax Circuit Court has the largest volume of cases in the Commonwealth of Virginia, nonetheless 87 percent of the Court’s civil docket is concluded within a year, and 98 percent of domestic cases are concluded within 15 months from initial filing; these results exceed the state-wide caseload and case-conclusion benchmarks. The Judicial Support division not only prepares the Judges for hearings and trials with legal research and case file management, but it also provides effective docket management, so that cases proceed swiftly to conclusion, allowing the bench to keep up with the high volume of case filings Fairfax receives every month.
    [Show full text]
  • Constitution of Virginia
    Article I. Bill of Rights Article I. Bill of Rights A DECLARATION OF RIGHTS made by the good people of Virginia in the exercise of their sovereign powers, which rights do pertain to them and their posterity, as the basis and foundation of government. Section 1. Equality and rights of men. That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety. Section 2. People the source of power. That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them. Section 3. Government instituted for common benefit. That government is, or ought to be, instituted for the common benefit, protection, and security of the people, nation, or community; of all the various modes and forms of government, that is best which is capable of producing the greatest degree of happiness and safety, and is most effectually secured against the danger of maladministration; and, whenever any government shall be found inadequate or contrary to these purposes, a majority of the community hath an indubitable, inalienable, and indefeasible right to reform, alter, or abolish it, in such manner as shall be judged most conducive to the public weal. Section 4. No exclusive emoluments or privileges; offices not to be hereditary. That no man, or set of men, is entitled to exclusive or separate emoluments or privileges from the community, but in consideration of public services; which not being descendible, neither ought the offices of magistrate, legislator, or judge to be hereditary.
    [Show full text]
  • NORFOLK, CITY of City of First Class. Established in 1682, Stated In
    NORFOLK, CITY OF City of First Class. Established in 1682, stated in preamble to Chapter 70, 1882. Incorporated as a borough in 1736, c. XXIV (Hening's Statutes at Large). City incorporation and charter, 1845, c. 138. Charter, 1871, c. 139; repealed 1882, c. 70. Charter, 1882, c. 70; repealed 1884, c. 33. Charter, 1884, c. 33; amended and reenacted, 1906, c. 170. Charter, 1906, c. 170; repealed 1918, c. 34. Charter, 1918, c. 34. Note: Amendments are numerous. Please see amendment listing at the end of the document. Whereas the city of Norfolk, a city having a population in excess of sixty-five thousand inhabitants, and less than one hundred thousand inhabitants, has, pursuant to chapter 55 of the acts of assembly of 1916, requested the general assembly of Virginia to grant a special form of government for such city as hereinafter mentioned and set out. Now therefore to the end that said city of Norfolk may have a special form of government pursuant to the provisions of § 117, of the Constitution of Virginia as amended, be it enacted by the general assembly of Virginia, as follows: § 1. The city and its boundaries.--The inhabitants of the territory comprised within the present limits of the city of Norfolk as hereinafter described, or as the same may be hereafter altered and established by law, shall continue to be a body politic and corporate to be known and designated as the city of Norfolk, and as such shall have perpetual succession, may sue and be sued, contract and be contracted with, and may have a corporate seal which it may alter, renew, or amend at its pleasure; the present boundaries of the said city being as follows, to-wit: Beginning at a point on the port warden's line of the Elizabeth river where the northern line of Forty-ninth street (formerly Forty-fifth street) intersects said port warden's line, thence S.
    [Show full text]
  • Two Proposed Amendments to The
    Explanation for Proposed Constitutional Amendment To Be Voted on at the November 8, 2016, Election PROPOSED CONSTITUTIONAL AMENDMENT Article I. Bill of Rights. Section 11-A. Right to work. BALLOT QUESTION Question: Should Article I of the Constitution of Virginia be amended to prohibit any agreement or combination between an employer and a labor union or labor organization whereby (i) nonmembers of the union or organization are denied the right to work for the employer, (ii) membership to the union or organization is made a condition of employment or continuation of employment by such employer, or (iii) the union or organization acquires an employment monopoly in any such enterprise? EXPLANATION Present Law Currently, Virginia's right to work law, § 40.1-59 of the Code of Virginia, provides that any agreement or combination between an employer and a labor union or labor organization whereby (i) nonmembers of the union or organization are denied the right to work for the employer, (ii) membership in the union or organization is made a condition of employment or continuation of employment by such employer, or (iii) the union or organization acquires an employment monopoly in any such enterprise is against public policy and illegal. This has been the law and the declared public policy of the Commonwealth since 1947. Proposed Amendment The proposed amendment places the provisions of Virginia's right to work law into the Constitution of Virginia. While Virginia law may be amended by any future General Assembly, a constitutional prohibition can only be changed by a future constitutional amendment approved by the voters.
    [Show full text]