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The Voice of the

Commonwealth's Counties

Capitol Contact ALERT! Oppose Bill That Creates New Liability and Financial Remedy against Localities

Bill could be heard on Monday, February 13Call Your Delegates Now to Oppose

SB 1495 (Surovell) provides that any person aggrieved by an enforcement action by a locality, where the enforcement action was based upon a willful disregard for applicable law, regulation, or ordinance, shall be entitled to an award of compensatory damages and to an order remanding the matter to the locality with a direction to terminate such enforcement and may be entitled to reasonable attorney fees and court costs.

SB 1495 passed the Senate and has been referred to the House Courts of Justice Committee and may be heard in subcommittee on Monday, February 13.

ACTION REQUIRED: Contact your Delegate on the House Courts of Justice Committee to vote “NO” on SB 1495.

KEY POINTS

  • This bill would increase the number of legal claims brought against a local government.
  • SB 1495 would create a financial remedy against localities that does not currently exist.
  • Passage of this bill would have a chilling effect on the ability of local governments to pursue enforcement actions for violation of ordinances.

KEY CONTACTS

HOUSE COURTS OF JUSTICE COMMITTEE
Bell (Chair), Adams, L.R. (Vice Chair), Kilgore, Leftwich, Campbell, J.L., Ransone, Freitas, Ballard, Williams, Anderson, Campbell, E.H., Watts, Herring, Hope, Bourne, Simon, Sullivan, Delaney, Scott, D.L., Maldonado

VACo Contacts: Phyllis Errico, Esq., CAE, and Joe Lerch, AICP

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