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Category Archives: Legal Matters

TJPDC gets $275K for eviction diversion program

Posted on January 30, 2023 by Sean Tubbs Leave a comment

Earlier this month, Governor Glenn Youngkin’s office announced the distribution of $2.9 million in grants across Virginia for programs to help keep people from being evicted from their homes. That includes an additional $275,000 for the Thomas Jefferson Planning District Commission for another year of work. (view the TJPDC Eviction Reduction Pilot grant page)

“Funding will support an Eviction Case Management Program at the newly created Financial Opportunity Center / Housing Hub as well as the creation of an eviction prevention case manager position, a second landlord navigator position and an additional court navigator position,” reads the press release.

Judge Moon throws out former Charlottesville Police Chief’s suit against the city

Posted on January 24, 2023 by Sean Tubbs Leave a comment

Judge Norman K. Moon has thrown out a federal lawsuit filed by former Police Chief RaShall Brackney against the city of Charlottesville. Among other claims, Brackney had argued her firing in late summer of 2021 was racially motivated and was a violation of Virginia’s whistleblower statutes.

The city had sought dismissal of the suit and Judge Moon agreed.

“Because Plaintiff does not allege sufficient facts to support these claims, Defendants’ motions to dismiss are granted,” reads the executive summary of the January 20 ruling. (read the full ruling)

The 39-page ruling goes through all of the various counts against individuals named in the suit including Mike Wells of the Police Benevolent Association, various members of City Council, former City Manager Chip Boyles, former communications director Brian Wheeler, and assistant police chief Latroy ‘Tito’ Durrette.

*First page of Judge Norman K. Moon’s ruling dismissing the case (read the full ruling)*

Before you go: The time to write and research of this article is covered by paid subscribers to Charlottesville Community Engagement. In fact, this particular installment comes from the January 24, 2023 edition of the program. To ensure this research can be sustained, please consider becoming a paid subscriber or contributing monthly through Patreon.

Charlottesville to reopen public hearing for Comprehensive Plan

Posted on December 4, 2022 by Sean Tubbs Leave a comment

Those with criticisms of Charlottesville’s new Comprehensive Plan will have another opportunity to go on the record about the long range planning document, as will those who are in support. But a joint public hearing scheduled for December 13, 2022 is largely a formality related to a legal challenge.

“On that same day, following the public hearing, it is the intention of the City that the Planning Commission will vote on the proposed action,” reads a legal notice in the November 29, 2022 Daily Progress. “(City Council’s vote would take place at a later City Council meeting agenda, following receipt of the Commission’s recommendation.)”

City responds to 2005 JPA suit

Posted on November 25, 2022 by Sean Tubbs Leave a comment

The City of Charlottesville has responded to a lawsuit in Charlottesville Circuit Court seeking the voidance of a special use permit granted by City Council in mid-September. Around a dozen neighbors of 2005 Jefferson Park Avenue filed a motion a month later.

Charlottesville City Attorney Lisa Robertson has filed a motion for demurrer to throw out the suit claiming that none of the plaintiffs have standing to bring the case.

“The Complaint fails to allege facts demonstrating particularized harm from the City’s zoning decision to any of the Plaintiffs,” reads the demurrer. (read the city’s response)

Lawsuit filed against Charlottesville City Council for 2005 JPA permit

Posted on November 7, 2022 by Sean Tubbs 2 comments

Over a dozen Charlottesville residents have filed suit against Charlottesville City Council and the city of Charlottesville against the September 19 approval of a special use permit for a multifamily structure at 2005 Jefferson Park Avenue. (read the complaint)

“City Council’s authorization of the SUPs permits the construction of a building that will diminish the quality of life of all the Observatory Avenue and Washington Avenue plaintiffs in ways not shared by the general public and compromises their health, safety, and general welfare in a variety of ways,” reads paragraph 27.

Virginia Supreme Court rules against Albemarle in Jaunt proffer case

Posted on June 2, 2022 by Sean Tubbs Leave a comment

Albemarle County acted unconstitutionally when it demanded the developer of the Hollymead Town Center begin making $50,000 annual payments for a transit route operated by Jaunt. That’s according to a Virginia Supreme Court opinion issued this morning by Justice S. Bernard Goodwyn. (read the opinion)

“While a state, under its police power, may regulate land use to further legitimate state interests, it may not use this power as a cudgel to coerce concessions from a land-use applicant who seeks to repurpose her property,” reads the opinion.