C. Givens Brothers, L.L.C. v. Town of Blacksburg (Order)

641 S.E.2d 113, 273 Va. 281, 2007 Va. LEXIS 41

• Court: Supreme Court of Virginia
• Decided: March 2, 2007
• Docket: Record 060927.
• Status: Published

Opinion

Record No. 060927.

Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that there is no error in the judgment of the Circuit Court of Montgomery County.

On June 30, 2005, C. Givens Brothers, L.L.C. ("Givens") filed a petition for a writ of mandamus 1 seeking to compel the Town of Blacksburg ("Blacksburg") to construct sewer lines to Givens' property, which Blacksburg annexed under a 1970 annexation decree ("the 1970 decree"). 2 Blacksburg filed a special plea in bar contending Givens' petition was barred by the statute of limitations or by the doctrine of laches. The circuit court sustained the plea in bar under both the statute of limitations and laches, and dismissed Givens' petition with prejudice. 3 On appeal, Givens contends the circuit court erred in ruling that any statute of limitations applies to a petition for writ of mandamus that seeks equitable relief rather than a monetary payment.

We disagree with Givens. On at least three prior occasions, we have held a petition for writ of mandamus was barred by the applicable statute of limitations. See Prendergast v. Northern Va. Regional Park Authority, 227 Va. 190 , 192-93, 195, 313 S.E.2d 399 , 400, 402 (1984) (applying a three-year limitations period to a petition for a writ of mandamus to "direct[ ] the Park Authority to file condemnation proceedings against the Law Building for the purpose of ascertaining just compensation" in an inverse condemnation proceeding); Kene Corp. v. State Highway Comm'r, 205 Va. 619 , 621-22, 139 S.E.2d 61 , 62-63 (1964) (applying a one-year limitations period to bar a petition for writ of mandamus filed to compel the Highway Commissioner to institute "condemnation proceedings to ascertain damages to [petitioner's] property"); and Board of Supervisors v. Catlett, 86 Va. 158 , 162-64, 9 S.E. 999 , 1001-02 (1889) (applying a five-year limitations period to bar a petition for writ of mandamus filed to compel the levy of a tax in order to pay claimants). None of these cases limit the application of a statute of limitations to a petition for a writ of mandamus on the basis of the relief sought. Under the facts of this case, we find our clear precedent applies and that Givens' petition for writ of mandamus is similarly subject to a statute of limitations.

We further find that Givens' cause of action accrued, at the latest date, upon Blacksburg's enactment of Ordinance 675 on November 12, 1985. 4 Regardless of which statute of limitations proffered by Blacksburg applies in the case at bar, Givens' petition, filed in 2005, was not timely. 5

Accordingly, the circuit court did not err in finding Givens' petition was barred by the statute of limitations. 6

Therefore, the judgment appealed from is affirmed. The appellant shall pay to the appellee thirty dollars damages.

This order shall be published in the Virginia Reports and shall be certified to the Circuit Court of Montgomery County.