Blogs

Construction

What’s in a Name?: Properly Appealing Adverse Zoning Determinations

Recently, the Virginia Supreme Court clarified how property owners appealing adverse zoning determinations must style their case and who must be named as a party to such a proceeding. In Frace v. Johnson, the Virginia Supreme Court held that the landowner had not properly appealed an adverse zoning determination to the Fairfax Circuit Court where…

March 25, 2015

Employment Law

All Legally Married Same-Sex Couples Now Covered Under FMLA

Effective March 27, 2015, the Family and Medical Leave Act, or FMLA, will extend coverage to all legally married same-sex couples to take FMLA leave to provide care for their spouse. FMLA leave entitles eligible employees, as defined by the statute, to take unpaid leave for a “qualifying event” for a period of up to…

March 24, 2015

Construction

Arlington County Board Adopts Amendments to the Zoning Ordinance (with a Few Exceptions)

The Arlington County Board recently approved, with a few exceptions, the proposed amendments to the Arlington County Zoning Ordinance. The amendments to Articles 1-18 and Appendices A and B, to incorporate a use classification system; update use tables and definitions; update use standards, including new standards for short term uses and accessory uses; allow off-site…

March 18, 2015

Employment Law

March Madness & Employee Morale: A Winning Combination

Selection Sunday has passed, the brackets are set and employers across the US find themselves once again on the eve of March Madness. Businesses are faced with the issue of whether to embrace the “madness” or to strictly enforce office policies, which likely prohibit distractions such as streaming basketball games and participating in bracket pools.…

March 17, 2015

Real Estate

Arlington County Board Revisits the Retail Action Plan

On January 20, during a special work session (open to the public) the County Board considered updates to the Arlington County Retail Action Plan (the “Retail Plan”). County Board members met with Arlington Economic Development staff, the Arlington Retail Task Force of the Economic Development Commission and members of the Planning Commission. Also in attendance as part of the audience were members of the Arlington Chamber of Commerce and the local Business Improvement Districts. The Retail…

March 3, 2015

Business and Financial Services

Charities and Gambling

Most gambling is illegal in Virginia. Seeking creative means to raise money for laudable purposes, legitimate Virginia charities sometimes venture into dangerous waters in the belief that their philanthropic goals insulate them from liability under the Virginia criminal code. They do not. The scenario typically arises when a charitable organization, seeking to drive increased fund-raising, suggests a game of chance, whereby participants contribute money in return for the opportunity to share…

March 2, 2015

DWI in Your Driveway

Drivers in the Commonwealth be forewarned: a conviction for driving while intoxicated does not require that the defendant be driving the vehicle or that it be on a public road. In October of 2014, the Supreme Court of Virginia affirmed the conviction of Charlottesville resident Justin Sarafin for Driving While Intoxicated (“DWI”). It was largely uncontested that Mr. Sarafin was intoxicated when K. E. McBrearty knocked on his car window at 3:30 in the morning. It was also uncontested that he…

March 2, 2015

Construction

Arlington’s New Take on Density Exclusions

A new memorandum issued by Arlington County’s Director of the Department of Community Planning, Housing and Development, Bob Brosnan, is proposing to change which areas in a building developers can expect to exclude from density calculations in a 4.1 Site Plan application.

February 25, 2015

Construction

Legal Steps to Start a Construction Company in Virginia

I am often asked, “What are the basic steps of starting a construction company?” We help with many of these steps, but we also advise clients how to do it on their own. Here are some of the basic steps. Create Your Entity Given the threat of personal injuries and property damages, construction contractors and…

February 11, 2015

Employment Law

Cunningham v. Feinberg: Virginia Employers May be Answerable in Maryland Courts for Unpaid Wages

In a case with potential significance for many Virginia employers, the Court of Appeals of Maryland recently decided in Cunningham v. Feinberg that the Maryland Wage Payment and Collection Law (“MWPCL”) may be applicable to unpaid wage claims arising from employment agreements entered into in Virginia. Thus, a Virginia employer that does not exercise care…

February 10, 2015