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West Virginia University

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Judicial Review

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Full-Text Articles in Law

Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson Jun 2007

Use Of Motive Evidence In Judicial Review Of Rezonings, Michael Allen Dymersky, Jesse Richardson

Law Faculty Scholarship

In this Article, Michael Allen Dymersky and Jesse J Richardson Jr examine the widespread rule of judicial review that a court should not consider evidence of motive in reviewing legislative actions by local government. They evaluate the rule in the context of a rezoning case in Highland County, Virginia, in which a group of plaintiffs conclusively established that improper motive prompted one supervisor to vote in favor of rezoning the subject property. The Highland County Circuit Court invoked the rule against judicial review of motive evidence to foreclose any consideration of the admitted improper personal motives that had inspired that …


Does An Administrator's General Interest In Fulfulling Her Duties Meet The Constitution's Requirements For Seeking Judicial Review Of A Decision She Doesn't Like?, Patrick C. Mcginley Dec 1994

Does An Administrator's General Interest In Fulfulling Her Duties Meet The Constitution's Requirements For Seeking Judicial Review Of A Decision She Doesn't Like?, Patrick C. Mcginley

Law Faculty Scholarship

No abstract provided.