Cases

By JUDGE JAMES E. KULP This matter is before the Court upon plaintiffs’ Motion for Declaratory Judgment relating to the method of appeal from a decision of the County Planning Commission. Argument was heard on February 2, 1990, and the Court issues this opinion. The parties have agreed that the facts in this matter are not in dispute. For this reason, the Court will give only a brief recitation of the fact

649 F.2d 237 107 L.R.R.M. (BNA) 2432 HENRICO PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 1568,on its own right and as representative of its present andpotential members; Richard A. McClure, in his own right andas President of the Henrico Professional FirefightersAssociation, Local 1568, Appellants,v.The BOARD OF SUPERVISORS OF HENRICO COUNTY; Eugene T. Rilee,Jr., in his capacity as Chairman

Reversed in part and affirmed in part by published opinion. Judge SHEDD wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined. OPINION SHEDD, Circuit Judge: USCOC of Virginia RSA#3, Inc. (“U.S.Cellular”) and Ernie Marshall applied for a special use permit to construct a wireless telecommunications transmission tower on

OPINION BY JUSTICE STEPHEN R. McCULLOUGH Dominion Club Drive is a significant "spine" road that runs through the Wyndham development in Henrico County. HHHunt 1 wishes to extend this road into Hanover County so that it might more profitably develop its properties in Hanover County. Henrico County (the "County

MURNAGHAN, Circuit Judge: The case presents the question whether a government board that routinely permits individuals and representatives of organizations to present their views to it during regularly scheduled public meetings on any matters on which the board is empowered to act, may, through a single exception to the otherwise general rule, constitutionally prevent a representative of an association of its employees from

MEMORANDUM OPINION JOHN A. GIBNEY, JR., District Judge. This matter comes before the Court on the defendants’ motions to dismiss. (Dk. Nos. 8 and 10.) On February 11, 2013, defendants Robert A. Turpin III, (“Turpin”) and Diane R. Saunders (“Saunders”) searched W.S.G.,1 a student at Hermitage High School, for drugs. W.S.G. asserts two counts against the defendants. Firs

FITZPATRICK, C.J., with whom BENTON and ELDER, JJ., join, dissenting. I respectfully dissent from the majority opinion. Appellants contend that the ordinance is unconstitutional both on its face and as applied in these cases because it violates their First Amendment rights to free speech and association, violates the enabling statute and that the evidence was insuf

FITZPATRICK, Chief Judge. Appellant Sharon Boyd (Boyd) was convicted in a bench trial of two counts of public nudity, and appellants Donna White and Dianna White were convicted of aiding and abetting public nudity, in violation of Henrico County Code § 13-107. Appellants contend that Henrico County Code § 13-107, the public nudity ordinance (hereinafter “ordinance”): (1) is unconstitutional both facially and as applied to them

433 F.Supp.2d 692 (2006) COUNTY SCHOOL BOARD OF HENRICO COUNTY, VIRGINIA, Plaintiff,. v. RT, a minor, et al., Defendants. Civil Action No. 3:04CV923. United States District Court, E.D. Virginia, Richmond Division. June 14, 2006. *693 *694 *695 Joseph Thomas

3 Va.App. 139 (1986) 348 S.E.2d 540 BOARD OF SUPERVISORS OF HENRICO COUNTY, et al. v. JOHNNIE O. MARTIN Court of Appeals of Virginia September 16, 1986 Roger L. Williams (Sands, Anderson, Marks & Miller, on brief), for appellants. Gregory S. Hooe, for appellee. Employer appealed the decision of the Industrial Commission which awarded compen

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judges Benton, Elder, Annunziata, Bumgardner, Frank, Humphreys, Clements, Felton, Kelsey and McClanahan Argued at Richmond, Virginia SHARON C. BOYD v. Record No. 0377-02-2 COUNTY OF HENRICO DIANNA LEE WHITE OPINION BY v. Record No. 0380-02-2 JUDGE D. ARTHUR KELSEY

COURT OF APPEALS OF VIRGINIA Present: Chief Judge Fitzpatrick, Judges Benton, Elder, Annunziata, Bumgardner, Frank, Humphreys, Clements, Felton, Kelsey and McClanahan Argued at Richmond, Virginia SHARON C. BOYD v. Record No. 0377-02-2 COUNTY OF HENRICO DIANNA LEE WHITE OPINION BY v. Record No. 0380-02-2 JUDGE D. ARTHUR KELSEY

By Judge James W. Haley, Jr. The primary issue here for resolution is whether a Board of Supervisors and landowner provided sufficient evidence to render it “fairly debatable” that a rezoning was reasonable with emphasis upon the relation of the County’s Comprehensive Plan to the rezoning. The following summary, derived and quoted from Respondent’s post-trial brief with insertions by the court, constitutes

343 F.3d 262 USCOC OF VIRGINIA RSA# 3, INCORPORATED, a Virginia Corporation; Ernie R. MARSHALL, Plaintiffs-Appellees,v.MONTGOMERY COUNTY BOARD OF SUPERVISORS, Defendant-Appellant.Henrico County; Fauquier County; Local Government Attorneys Of Virginia, Incorporated, Amici Supporting Appellant.Cellular Telecommunications and Internet Association, Amicus Supporting Appellees.USCOC OF Virginia RSA# 3, Incorporated, a Virginia Corpor

COURT OF APPEALS OF VIRGINIA PUBLISHED Present: Judges Athey, White and Frucci Argued by videoconference MAD PROPERTIES, LLC, ET AL. OPINION BY v. Record No. 1381-23-3 JUDGE CLIFFORD L. ATHEY, JR. DECEMBER 30, 20

212 Va. 66 (1971) GENE D. ARMSTRONG, ET AL. v. COUNTY OF HENRICO, ET AL. Record No. 7586. Supreme Court of Virginia. June 14, 1971 Marvin F. Cole (Edward F. Johnson, Jr.; Cole, Wells & Bradshaw, on brief), for appellants. J. Mercer White, Jr., County Attorney for Henrico County; Robert L. Dolbeare, Assistant County Attorney for Henrico County, for a

153 S.E.2d 270 (1967) 207 Va. 827 Paul W. GORDON et al. v. BOARD OF SUPERVISORS OF FAIRFAX COUNTY et al. Supreme Court of Appeals of Virginia. March 6, 1967. *272 Randolph W. Church, Jr., Fairfax (Hardee Chambliss, Centreville, on brief), for appellants. Robert C. Fitzgerald, Fairfax (H. Kendrick Sanders, Jr., Fairf

579 S.E.2d 162 (2003) 265 Va. 462 Frederick J. SHAHEEN, et al., v. COUNTY OF MATHEWS, et al. Record No. 021350. Supreme Court of Virginia. April 17, 2003. *164 James C. Breeden (Barbara H. Breeden, Irvington; Hubbard, Breeden & Terry, on briefs), for appellants. Richard H. Harfst, County Attorne

206 Va. 167 (1965) THE BOARD OF SUPERVISORS OF HENRICO COUNTY v. A. Q. CORBETT, DIRECTOR, ETC. Record No. 6107. Supreme Court of Virginia. June 14, 1965. Present, All the Justices. 1. By virtue of its population density and its situation adjoining the city of Richmond the county of Henrico came within the ambit of section 15.1-522 of the Code of 1950 grantin

591 F.Supp. 145 (1984) Anne GREGORY, Steve K. Toggerson, and the Durham County Chapter of the North Carolina Association of Educators, Plaintiffs, v. DURHAM COUNTY BOARD OF EDUCATION and J. Frank Yeager, Superintendent, Defendants. Civ. No. C-81-700-D. United States District Court, M.D. North Carolina, Durham Division. May 24, 1984. *14