CaseAPRIL BURKE, ET. AL. v. FAROLL HAMER, ET. AL.
(Record Number 121110)
FromCircuit Court of Alexandria; J. Clark, Judge.
CounselRoy R. Shannon, Jr., Michael W. Tompkins, and Rich Rosenthal (Manitta Dzubin & Kroeger, LLP) for appellants.
John D. Wilburn and Anastasia P. Cordova (McGuireWoods, LLP) for appellees.
Assignments of Error
- The trial court erred by failing to order the Director to Process the Appeal that was filed with her during the public hearing.
- The trial court erred by holding that a public official's refusal to transmit a record when required to do so constitutes a "past action" that cannot be reached by mandamus.
- The trial court erred by holding that filing an appeal to the BZA after the city council vote is an adequate remedy for being denied an appeal before the vote, where the BZA lacks the ability to declare the city council's vote invalid for failure to meet the supermajority requirement.
- The trial court erred by holding that filing an appeal to the BZA after the city council vote is an adequate remedy for being denied an appeal before the vote, where Plaintiffs lost their statutory right to a stay of all proceedings at the time the prior appeal was filed.
- The trial court erred by dismissing this case on demurrer, where Plaintiffs were entitled to explore the possibility that the city officials' actions had been deliberately calculated to deny plaintiffs their right to have either a supermajority requirement as provided for in the ordinance, or a stay of all proceedings pending their appeal as provided for in the ordinance.