fairly debatable standard (Virginia) · Go Syfert
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fairly debatable standard in Virginia

10 Virginia opinions name it 4 courts 2002–2026 6 in the last five years

The cases below were cited by Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Town of Leesburg v. Giordanogreen
va · 2010 · cited in 4 Virginia opinions naming this issue, 2024–2026
2 sentences

2026“Under the fairly debatable standard, ‘the question is whether there is any evidence in the record sufficiently probative to make a fairly debatable issue of the [Council’s] decision.’” Hartley, 80 Va. App. at 15 (quoting Town of Leesburg v. Giordano, 280 Va. 597, 608 (2010)).

2025“Under the fairly debatable standard, ‘the question is whether there is any evidence in the record sufficiently probative to make a fairly debatable issue of the Board’s decision.’” Hartley, 80 Va. App. at 15 (quoting Town of Leesburg v. Giordano, 280 Va. 597, 608 (2010)).

44
Board of Supervisors v. Stickleygreen
va · 2002 · cited in 4 Virginia opinions naming this issue, 2010–2024
2 sentences

2024Under the fairly debatable standard, “the question is whether there is any evidence in the record sufficiently probative to make a fairly debatable issue of the Board’s decision.” Town of Leesburg v. Giordano, 280 Va. 597, 608 (2010) (emphasis added) (quoting Bd. of Supervisors v. Stickley, 263 Va. 1, 11 (2002)).

2024Under the fairly debatable standard, “the question is whether there is any evidence in the record sufficiently probative to make a fairly debatable issue of the Board’s decision.” Town of Leesburg v. Giordano, 280 Va. 597, 608 (2010) (emphasis added) (quoting Bd. of Supervisors v. Stickley, 263 Va. 1, 11 (2002)).

34
Ames v. Town of Paintergreen
va · 1990 · cited in 2 Virginia opinions naming this issue, 2010–2022
2 sentences

2022In doing so, we are mindful that “[u]nder the fairly debatable standard, ‘[t]he governing body is not required to go forward with evidence sufficient to persuade the fact-finder of reasonableness by a preponderance of the evidence.’” Id. at 606 (second alteration in original) (quoting Ames v. Town of Painter, 239 Va. 343, 348 (1990)).

2010Under the fairly debatable standard, "[t]he governing body is not required to go forward with evidence sufficient to persuade the fact-finder of reasonableness by a preponderance of the evidence." Ames v. Town of Painter, 239 Va. 343, 348 , 389 S.E.2d 702, 704 (1990).

22
BD. OF SUP'RS OF FAIRFAX CTY. v. Robertsongreen
va · 2003 · cited in 1 Virginia opinions naming this issue, 2025–2025
1 sentence

2025See Robertson, 266 Va. at 532 ; see also Bd. of Supervisors v. Snell Constr.

11
County of York v. King's Villa, Inc.green
va · 1983 · cited in 1 Virginia opinions naming this issue, 2010–2010
2 sentences

2010This Court has held that "setting rates and fees for sewer or water services is a nondelegable legislative function." City of South Boston v. Halifax County, 247 Va. 277, 283 , 441 S.E.2d 11 , 15 (1994) (quoting County of York v. King's Villa, Inc., 226 Va. 447, 450 , 309 S.E.2d 332, 333 (1983)).

2010This Court has held that "setting rates and fees for sewer or water services is a nondelegable legislative function." City of South Boston v. Halifax County, 247 Va. 277, 283 , 441 S.E.2d 11 , 15 (1994) (quoting County of York v. King's Villa, Inc., 226 Va. 447, 450 , 309 S.E.2d 332, 333 (1983)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Virginia. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
City of South Boston v. Halifax County green
va · 1993
1 sentence

2010This Court has held that "setting rates and fees for sewer or water services is a nondelegable legislative function." City of South Boston v. Halifax County, 247 Va. 277, 283 , 441 S.E.2d 11 , 15 (1994) (quoting County of York v. King's Villa, Inc., 226 Va. 447, 450 , 309 S.E.2d 332, 333 (1983)).

12010–2010
Eagle Harbor, LLC v. Isle of Wight County green
va · 2006
1 sentence

2008Eagle Harbor v. Isle of Wight County, 271 Va. 603 (2006).

12008–2008
Helmick v. Town of Warrenton green
va · 1997
1 sentence

2008Id.

12008–2008
Jamerson v. Womack green
va · 1992
2 sentences

2002Id. at 517 , 423 S.E.2d at 186 .

2002Id. at 517 , 423 S.E.2d at 186 .

12002–2002

Statutes the citing opinions construe

VA § Va. Code Ann. § 15.2-2283 (5) VA § Va. Code Ann. § 15.2-2284 (4) VA § Va. Code Ann. § 17.1-413 (4) VA § Va. Code Ann. § 15.2-2201 (3) VA § Va. Code Ann. § 15.2-2223 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

FL 54 (1962–2022) MD 11 (1965–2005) VA 10 (2002–2026) AL 4 (1990–2017) MS 4 (1988–2000) UT 4 (1996–2026) TN 4 (1978–2008) AZ 3 (1998–2001) RI 3 (1999–2019) IA 3 (1997–2017) OH 2 (1979–1994) ID 2 (2001–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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