ZONINGAntique Vehicle Collection is Illegal Junk Yard Although a property owner says the antique vehicle collection on his Fairfax County property is his hobby, the Fairfax Circuit Court upholds the Board of Zoning Appeals decision that the collection is an illegal junk yard under the local zoning ordinance.The owner complains the BZA did not make specific findings of fact in ruling on his appeal of the Notice of Violation, but merely adopted the zoning administrator's position. In fact, the verbatim transcript of the BZA hearing contains numerous findings of fact in support of the BZA's decision to affirm the zoning administrator. Specifically, the BZA made findings of fact that 1) the vehicles on the owner's property were junk vehicles in violation of what is permitted by the zoning o...
Gov. Jay Nixon's choice of Charles H. "Chip" McKenzie for the Jackson County marks the (almost) end of a daisy chain of new jobs for local public officials. As officials have jumped from one job to another over the last half year, Jackson County has seen a new county counselor, two new judges and a new prosecutor, and a new state representative is in the offing.
An employee who testified for a co-worker who won nearly $1.4 million from Union Pacific Railroad Co. has filed a lawsuit of his own, claiming the railroad retaliated against him for speaking out. According to his petition, filed May 19 in Jackson , Jerry Nicas Jr., a locomotive machinist at the railroad's Kansas City operation, takes medication for an unidentified disability. He said the medication makes him drowsy and he shouldn't operate heavy machinery,
HOPEWELL - On Nov. 8, citizens of Hopewell will elect a new clerk for the Circuit Court. Longtime clerk Kay H. Rackley retired in July, and deputy clerk Tammy J. Ward was appointed to complete the term. Ward, who wants to keep the job, faces three challengers.
Prior to June 2010, the circuits were split as to whether universities may refuse to fund student groups that discriminate against certain classes of individuals in violation of the universities’ nondiscrimination policies. In June 2010, the Supreme Court purported to resolve this circuit split in Christian Legal Society v. Martinez, holding that a university policy requiring student groups to admit all students (an "all-comers policy") to receive university funding is constitutional. The Court, however, declined to resolve the larger issue-whether it is constitutional for a university to refuse to fund a student group that discriminates against a specific class of individuals who are protected by the university’s written nondiscrimination policy. This Note argues that the Supreme Court...
An exasperated Michael McCrary was on the witness stand in Baltimore City Circuit Court for what seemed like the umpteenth time Tuesday afternoon. As he attempted to answer his attorney's questions about the various corporate documents and e-mails that prove his business partners defrauded him of millions of dollars in Hurricane Katrina- related insurance proceeds, defense counsel objected repeatedly to leading questions. Judge Pierson's phone rang, leading him to take a brief recess.
S. 4TH CIRCUIT COURT OF APPEALSCivil ProcedureStanding BOTTOM LINE: Judgment of the district court vacated because Virginia could not challenge the "individual mandate" provision in the Affordable Care Act for lack of Article III standing.
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