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Virginia Municipal Law Questions & Answers
1 Answer | Asked in Criminal Law, Civil Rights and Municipal Law for Virginia on
Q: Has there ever been a case that was successful in the US where city council members were sued for their breach of oath

of office and the prosecutor won?

Maurice Mandel II
Maurice Mandel II answered on Jul 5, 2020

There is a concept called "immunity" in the law that shields people in public office from citizen disputes over discretionary decisions that are made. Police have it, council and school board members have it, judges have it and POTUS has it. An exception to this would be when the public... Read more »

1 Answer | Asked in Gov & Administrative Law, Military Law and Municipal Law for Virginia on
Q: What are the guidelines and rules of Tanks that have a deactivated weapon in VA, can I go on the road with them?

For example, can I drive on the road with rubber tracks?

Tim Akpinar
Tim Akpinar answered on Apr 7, 2020

If it's one of the brutes, even in a deactivated state, you run the risk of liability for overweight vehicle damage, despite rubber tracks, and the potential for civil lawsuits from municipalities and utility companies for possible damage to sewage infrastructure and underground utilities. You... Read more »

1 Answer | Asked in DUI / DWI, Civil Rights and Municipal Law for Virginia on
Q: How do you get an interdiction removed in virginia?
Daniel P Leavitt
Daniel P Leavitt answered on Oct 26, 2018

In Virginia, the court that entered the order may amend it or cancel it:

https://law.lis.virginia.gov/vacode/title4.1/chapter3/section4.1-333/

You would need to have a hearing before the court that entered the order (and presumably satisfy them that it should not be in place).

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Virginia on
Q: I'm looking for the legal auth. for a railroad to maintain a bridge for public access to homes for emergency services.

The bridge is in Virginia and was built by the railroad company in 1892 and is maintained by them. The bridge does not carry rail traffic, rather it carries public vehicles on a roadway that was not taken into the Virginia Department of Highways system in 1932 when the State took control over... Read more »

Richard Sternberg
Richard Sternberg answered on Feb 19, 2018

And, your anticipation is that some presently active lawyer will have a present sense recollection of the history of that property and the changing responsibilities for that bridge in 1892 and 1932? How quaint. What may be useful is if you follow the model of historical societies like Peerless... Read more »

1 Answer | Asked in Landlord - Tenant, Municipal Law and Small Claims for Virginia on
Q: How should I prevent my car wrongfully being towed?

Recently my neighbours told me they stopped a tow truck from towing my car in my apartment complex. Each car is to have a parking sticker on their windshield. What the towing company is known to do is to tow a car with a sticker and remove the sticker once towed. Would taking time stamped photos of... Read more »

F. Paul Maloof
F. Paul Maloof answered on Oct 15, 2017

A time stamped photo is a great idea. If you are then towed, call the police and report the car as stolen.

2 Answers | Asked in Animal / Dog Law, Municipal Law, Criminal Law and Personal Injury for Virginia on
Q: If my dog bit someone, can i move him to a different county and not face penalty?
Steve Miyares
Steve Miyares answered on Mar 16, 2016

Removing the dog to another jurisdiction would not negate potential criminal and/or civil consequences.

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1 Answer | Asked in Municipal Law for Virginia on
Q: Are there any exceptions allowing an LLC to file a bill of particulars in Fairfax County, VA?
Paul A. Prados
Paul A. Prados answered on Jan 17, 2011

Bills of Particulars [BoP] are used primarily in General District Courts [GDC]. Sometimes they are used in the Circuit Court. Fairfax has no special rules regarding LLC's.

The only generally special rule I would consider for an LLC as opposed to a natural person, is that a BoP...
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