Recount Petition Came Too Late

A Goochland County Circuit Court dismisses a petition for recount as petitioner did not cause the petition to be served on respondent within 10 days after certification of the election results as required by Va. Code § 24.2-801.

The court grants the Special Appearance Motion to Dismiss. It is ordered that the petition filed herein on Nov. 18, 2011, seeking a recount of the results of the election for the Board of Supervisors of Goochland County, District Four, be dismissed from the docket with prejudice, with no recount to occur.

Petitioner shall bear the taxable costs of the proceedings, including the per diem court reporting fees designated by order entered on Dec. 2, 2011, to record the proceedings.

Butler v. Minnick (Berry, Conway, Smith) No. CL 11-199, Dec. 15, 2011; Goochland County Cir.Ct. VLW 011-8-230, 2 pp.