September 2020 Dumfries Triangle Rescue Squad v. Board of County Supervisors

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Oral Arguments of the Supreme Court of Virginia

Miscellaneous


This podcast is provided by Ben Glass and Steve Emmert www.BenGlassReferrals.com - www.Virginia-Appeals.com   Granted Appeal Summary Case DUMFRIES-TRIANGLE RESCUE SQUAD, INCORPORATED v. BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY, VIRGINIA (Record Number 191000) From Circuit Court of Prince William County; S. Smith, Judge. Counsel John H. Foote, Garth M. Wainman, and Matthew A. Westover (Walsh, Colucci, Lubeley & Walsh, P.C.) for appellant. Michelle R. Robl and Megan E. Kelly (Office of the County Attorney) for appellee. Assignments of Error Granted The trial court erred in overruling DTRS’s Demurrer, because the Board lacks the authority to dissolve the separate corporate status of DTRS. The trial court erred in granting the Board’s Motion for Summary Judgment because the Board was not entitled to judgment as a matter of law, since it lacks the authority to dissolve DTRS’s corporate status. The trial court erred in granting the Motion for Summary Judgment because its reliance on Virginia Code Ann. § 13.1-907 regarding the distribution of DTRS’s assets to the Board or to an entity engaged in activities substantially similar to DTRS was erroneous. The trial court erred in overruling DTRS’s Plea in Bar because the Board has no authority to compel DTRS to convey its property to the Board or another entity engaged in similar activities as DTRS, pursuant to Virginia Code Ann. § 13.1-907, a statute that is inapplicable in this case but that was relied on by the trial court. http://www.courts.state.va.us/courts/scv/appeals/191000.pdf