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Unalienable Rights Foundation: Virginia Supreme Court Decisions

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 What is a Public Record

Virginia Supreme Court Decisions

 

The 1874 Sharp Buffalo Riffle

There is Much argument in Virginia about what is a Public Record

We Find that Issue raised by government in 

Most Virginia Freedom of Information Requests.

What is a Public Record in Virginia ?

Virginia has gone to great Lengths to define it is it Code of Laws.

The simplest answer is found in a 

1874 Virginia Supreme Court Decision.

In 1874, the Virginia Supreme Court defined a public record as a written memorial, intended to serve as evidence of something written, said or done, made by a public officer authorized to make it. Coleman v. Commonwealth, 66 Va. (25 Gratt.) 865, 881-82 (1874).

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Posted by editor on Wednesday, April 23 @ 13:33:03 MST (1482 reads)
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 Kevin Martingayle Wins Constitutional Law Case Va SC

Virginia Supreme Court Decisions

PRESENT: All the Justices

BRADLEY S. TANNER, ET AL.

v. Record No. 080998 OPINION BY

JUSTICE BARBARA MILANO KEENAN

April 17, 2009

CITY OF VIRGINIA BEACH

FROM THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH

A. Joseph Canada, Jr., Judge

In this appeal, we consider whether the circuit court erred in rejecting a constitutional challenge to a municipal noise control ordinance.

Bradley S. Tanner and Eric A. Williams (collectively, the owners) own and operate BAE Ventures, Inc., t/a The Peppermint Beach Club (the club), a licensed restaurant and entertainment venue located in the 1800 block of Atlantic Avenue in the City of Virginia Beach (City). The club is located in a part of the City commonly referred to as the "oceanfront," which includes restaurants, bars, hotels, and outdoor entertainment venues.

The club, which is on the ground floor of the Howard Johnson Hotel, hosts disc jockeys and occasional "live" entertainment groups that play various types of music including "hip-hop," "punk rock," "emo," and "indie" music. The owners repeatedly have been warned by City police officers about music sound levels, and have received citations for violations of

Virginia Beach City Code § 23-47 (the ordinance). The ordinance states:

It shall be unlawful for any person to create, or allow to be created any unreasonably loud, disturbing and unnecessary noise in the city or any noise of such character, intensity and duration as to be detrimental to the life or health of persons of reasonable sensitivity or to disturb or annoy the quiet, comfort or repose of reasonable persons. The following acts, among others, are declared to be loud, disturbing and unnecessary noise in violation of this section, but such enumeration shall not be deemed to be exclusive:

(1) The playing of any television set, radio, tape player, phonograph or any musical instrument in such a manner or with such volume as to annoy or disturb the quiet, comfort or repose of reasonable persons.

(2) The keeping of any animal which, by causing frequent or long-continued noise, shall disturb the quiet, comfort or repose of the neighborhood to such an extent as to constitute a nuisance.


Posted by MultumInParvo on Monday, April 27 @ 15:47:51 MST (1861 reads)
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 Prior Consent by General Assembly to Authority Projects Does Not Violate Separat

Virginia Supreme Court Decisions Prior Consent by General Assembly to Authority Projects Does Not Violate Separation of Powers Doctrine.

Revenue bonds issued by Virginia Public Building Authority not state debts in violation of Art. X, § 9 of Virginia Constitution; prior authorization of projects by General Assembly required by Code § 2.1-134.13 does not contravene separation of powers required by Virginia Constitution, Art. I, § 5 and Art. III, § 1.

1) Virginia Public Building Authority — Constitutional Law — State Debt (Art. X, § 9) — Special Fund Doctrine — Stated.

(2) Virginia Public Building Authority — Constitutional law — State Debt (Art. X, § 9) — Special Fund Doctrine — Applicable Even Though Fund Consists Entirely of Money Appropriated by General Assembly, Obligation to Appropriate Being Overriding Consideration.

(3) Virginia Public Building Authority — Constitutional law — State Debt (Art. X, § 9) — Statutory Construction — Trust Agreement Securing Bonds (Code § 2.1-234.15) — Bonds Stated Not to Constitute Debt of Commonwealth, etc., and no Violation of Constitution Art. X, § 9.

(4) Virginia Public Building Authority — Constitutional law — Separation of legislative, Executive and Judicial Departments (Art. I, § 5); Division of Powers, Departments to be Distinct (Art. III, §1) — Statutory Construction — Purposes, General Powers and Duties of Authority (Code § 2.1-234.13) — Prior Consent by General Assembly to Authority Projects Does Not Violate Separation of Powers Doctrine.


Posted by david on Friday, February 20 @ 16:23:34 MST (1998 reads)
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 VA's High Court Reigns in Republican Taxation Without Representation

Virginia Supreme Court Decisions

UARF's Robert Dean Prevails

VA Beach's Judge West's Opinion

while not a part of this suit is shot down.

The Virginia Supreme Court Friday morning, in a unanimous ruling, declared Virginia's Republican Party's  notorious 'transportation' plan unconstitutional.

The ruling immediately quashes plans both here and in nothern Virginia by the rogue, un-elected agencies to implement planned new taxes and fees this April 1st.

The Court all but finished off the authorities created by the rouge republican   General Assembly members who were trying to charge the public for roads who's main purpose was to serve as feeders to want-to-be tourist attractions, rather than having the tourist industry itself paying for these projects via higher taxes on services provided to the tourist.

This holding by the Court may also force the General Assembly to revisit impact fees charged to developers. The General assembly turned this down earlier this year.

Local citizen previous efforts, including a case heard by Virginia Beach's Circuit Court [Judge West], to kill the plan failed and as a consequence to these failures this joint action was filed challenging the constitutionality of the legislation.

Robert Dean, Secretary of  Virginia Beach's Unalienable Rights Foundation , who was one of the plaintiffs in the suit said, "In a unanimous decision this morning, the unelected regional transportation authorities were ruled illegal and unconstitutional by the Virginia Supreme Court.

"The taxpayers of Virginia owe their financial freedom to Patrick McSweeney, the attorney representing the plaintiffs in the Northern Virginia and Hampton Roads suits.

"Call your local city council and board of supervisors and share the news with those members who supported the illegal and unconstitutional authority."

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Posted by MultumInParvo on Friday, February 29 @ 23:21:55 MST (2384 reads)
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 City Can Not Change Law To Stop Permitted Vested Land Use

Virginia Supreme Court Decisions

Virginia's Supreme Court says local government can not deny land owner of its vested rights to  run a business  by a change in local land use rules.  Termination of the use allowed by virtue of an established vested right impairs the vested right and therefore violates Code § 15.2-2307. Accordingly, the circuit court's conclusion that the zoning ordinance amendment violated Code § 15.2-2307 was correct.

The circuit court did not err in declaring an amendment to a city's zoning ordinance invalid and reinstating two auxiliary special use permits issued to a power company that operates a coal-burning electricity generating plant. The amendment violated Code § 15.2-2307 because it impaired an established vested right to operate the plant, and the revocation of the two auxiliary special use permits pursuant to the amendment was unlawful. The judgment of the circuit court is affirmed.

Alexandria City Council v. Mirant Potomac River, 273 Va. 448, 643 S.E.2d 203 (2007)


Posted by MultumInParvo on Wednesday, February 13 @ 00:09:07 MST (2440 reads)
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