February 15, 2008

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Call delegates on subcommittee to oppose BZA attorneys fee bill

SB 519 (Watkins) authorizes a Circuit Court to award attorneys fees against a local government for a decision of the local board of zoning appeals if the petitioner prevails and the BZA’s decision is overturned. The bill has been assigned to the House Courts Committee and to that committee’s Civil Law Subcommittee.

The subcommittee meets one-and-a-half hours after the end of the floor session on Monday, so please call or e-mail this weekend or Monday morning.

VML opposes the bill for three reasons:

• Most BZAs are appointed by the Circuit Court, not to the locality. The BZA may or may not act as an agency of the locality, but overall, it is a quasi-judicial body, making its own decision. It is not making the decision of the locality.
  
• In many cases, the argument is between the property owner and his neighbors. The BZA is really like a court, and is deciding the rules. In the appeal of any other court’s decision, the lower court is not required to pay attorneys fees.
  

Please call your delegate on the subcommittee to voice your locality’s concerns.

Civil Law Subcommittee

Member	Capitol Phone	District Phone	E-mail
Clifford L. Athey, Jr.	(804) 698-1018	(540) 635-2123	DelCAthey@house.state.va.us
William K. Barlow	(804) 698-1064	(757) 357-9720	DelWBarlow@house.state.va.us
William H. Fralin Jr.	(804) 698-1017	(540) 772-7600	DelWFralin@house.state.va.us
Salvatore R. Iaquinto	(804) 698-1084	(757) 430-0102	DelSIaquinto@house.state.va.us
Joseph P. Johnson Jr.	(804) 698-1004	(276) 628-9940	DelJJohnson@house.state.va.us

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