Comments on the Virginia Supreme Court’s Proposed New Rules on Jurisdictional Transfer During Appeal

On September 10, 2018, the Virginia Supreme Court issued a Press Release inviting comments on two proposed procedural rules and amendments to Rules 5:9(a) and 5A:6(a). To ensure their consideration, interested persons must submit their comments to the Clerk of the Supreme Court by October 25, 2018. You may access the Court’s press release under the “What’s New” link at www.vacourts.gov. The proposed new Rules 1:1B and 1:1C pertain to “transfer of jurisdiction during the appeal of a final judgment.” The proposed amendments to Rules 5:9(a) and 5A:6(a), which rules pertain to notices of appeal, will incorporate relevant provisions of Rule 1:1B. My comments on the proposed Rules and amendments

The SCC’s Broad Powers, Appellate Standards of Review, and the Regulation of Rates for Water and Wa

On August 30, 2018, the Virginia Supreme Court issued an instructive and unanimous decision in City of Alexandria v. State Corp. Comm'n, Record No. 171428, 2018 Va. LEXIS 103 (Aug. 30, 2018). Justice D. Arthur Kelsey wrote the Court’s opinion. The case presented an appeal by the Cities of Alexandria (“Alexandria”) and Hopewell (“Hopewell”) from a State Corporation Commission (“SCC”) decision in favor of the Virginia-American Water Company (“VAWC”). The underlying SCC decision permitted VAWC to impose a customer rate surcharge to fund the cost of replacing aging water and wastewater pipes infrastructure. The central issues focused on whether the SCC possessed “statutory authority to approv

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