Referendum Request Rejected by Court

A motion for protective order filed by the Virginia Resources Authority is rendered moot, says a Shenandoah County Circuit Court, and the court sustains in part and overrules in part the VRA’s plea in bar in the present suit seeking a referendum requiring voter approval for financing of the Rappahannock-Shenandoah-Warren Regional Jail.

I sustain the plea in bar filed by the VRA with respect to counts II and III of the complaint. I overrule the plea in bar with respect to counts I and IV. In this last regard, I am applying a strict interpretation of the pertinent statutes. Virginia Code § 15.2-2653 imposes a short limitations period for the filing of suits contesting the validity of bonds. The General Assembly, for whatever reason, did not choose to employ here the broader language found in Va. Code § 15.2-2651. Moreover, even if the 30-day limitations period were to apply as to count IV, there would be an issue of fact as to whether the statute has run. I am unable to determine this on the evidence before the court at this time.

I sustain the plea in bar filed by the RSW Regional Jail Authority as to counts II and III, and overrule the plea in bar with respect to counts I and IV. I sustain the demurrer filed by the RSW with respect to all counts of the complaint and sustain the demurrer filed by the Shenandoah County Board of Supervisors as to all counts of the complaint.

Petitioner’s complaint is dismissed without leave to amend.

Prince v. Suntrust Bank (Hupp) No. CL 12-239, Sept. 12, 2012; Shenandoah County Cir.Ct.; Bradley G. Pollack, Robert L. Hodges, William H. Hefty, J. Jay Litten for the parties. VLW 012-8-249, 2 pp.