February 19, 2008

Call delegates on House Courts Civil Laws 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 Civil Law Subcommittee of the House Courts Committee.

The subcommittee meets one-half hour after the end of the floor session on Wednesday, so please call or e-mail your delegate on the subcommittee by Wednesday morning.

The Senate committee passed it by a narrow, 8-7 margin. In the Senate, 16 senators voted against it.

VML opposes the bill for three reasons:

• It erodes the American Rule that provides that each litigant pays its own attorney fees. Even for many civil rights claims, there is no award of attorney fees.
  
• Most BZAs are appointed by the Circuit Court, not to the locality. The BZA may or may not work with 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.
  

Even if you called or e-mailed Monday, please call your delegate on the subcommittee again to voice your locality's concerns or remind the delegate of your 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