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Upon his retirement from active service as a Justice of the Supreme Court of Virginia in 2011, Justice Koontz had completed more than four decades of service to citizens of the Commonwealth of Virginia. In order to recognize that service and help preserve Justice Koontz legacy as one of the outstanding jurists in Virginia and the United States, the Salem/Roanoke County Bar Association instituted this project to collect all of Justice Koontz's published opinions, both from his tenure as a Justice of the Supreme Court and as an inaugural member of the Court of Appeals of Virginia. The fifth volume to be produced by the Opinions Project includes opinions, concurrences and dissents authored by Justice Koontz during the middle years of his service as a Justice of the Supreme Court of Virginia. It is dedicated to the honor of Harry Lee Carrico, the long-time Chief Justice of the Court who retired during the time of the reports contained in the volume.
"Zoning has for a century enabled cities to chart their own course. It is a useful and popular institution, enabling homeowners to protect their main investment and provide safe neighborhoods. As home values have soared in recent years, however, this protection has accelerated to the degree that new housing development has become unreasonably difficult and costly. The widespread Not In My Backyard (NIMBY) syndrome is driven by voters’ excessive concern about their home values and creates barriers to growth that reach beyond individual communities. The barriers contribute to suburban sprawl, entrench income and racial segregation, retard regional immigration to the most productive cities, add to national wealth inequality, and slow the growth of the American economy. Some state, federal, and judicial interventions to control local zoning have done more harm than good. More effective approaches would moderate voters’ demand for local-land use regulation—by, for example, curtailing federal tax subsidies to owner-occupied housing"--Publisher's description.
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Examines the legal issues associated with government regulation of sexually oriented businesses. Addresses constitutional issues such as what type of sexually oriented activity can be banned entirely; zoning restrictions on the location of sexually oriented businesses--the type of restrictions most frequently used by local governments; how far the First Amendment allows local governments to go in restricting these businesses; what a local government must do to establish a proper legal foundation for its regulations; and the operational restrictions that can be imposed on sexually oriented businesses.
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