Dalton v. Chesterfield County

Chesterfield County Circuit Court

Dalton v. Chesterfield County

54 Va. Cir. 621, 1999 Va. Cir. LEXIS 714

CourtChesterfield County Circuit Court

DecidedMarch 22, 1999

DocketCase No. CL98-877

StatusPublished

This text of 54 Va. Cir. 621 (Dalton v. Chesterfield County) is published on Counsel Stack Legal Research, covering Chesterfield County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dalton v. Chesterfield County, 54 Va. Cir. 621, 1999 Va. Cir. LEXIS 714 (Va. Super. Ct. 1999).

Pincite

Opinion

By Judge Herbert C. Gill, Jr.

The Court has reviewed all memoranda in the above-referenced case. The defendant has demurred to plaintiffs’ Motion for Judgment on a number of grounds. The Court has reviewed the Virginia Code and applicable case law as to the issue of the procedural processing of claims by Ihe defendant. The plaintiffs allege that § 15.2-1243(B) of the 1950 Code of Virginia (as amended) obviates the requirement of formal presentation to the defendant. The plaintiffs further argue that even if not, the pleading sufficiently alleges compliance. The Court is of the opinion that § 15.2-1243(B) in no way excuses the formal process of presenting claims. This subsection simply provides an expedited method for payment of routine expenses.

Consequently, the Court will sustain the defendant’s demurrer, allowing the plaintiffs ninety days in order to replead. The Court need not address the other issues raised.

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By Judge Herbert C. Gill, Jr.

The Court has reviewed all memoranda in the above-referenced case. The defendant has demurred to plaintiffs’ Motion for Judgment on a number of grounds. The Court has reviewed the Virginia Code and applicable case law as to the issue of the procedural processing of claims by Ihe defendant. The plaintiffs allege that § 15.2-1243(B) of the 1950 Code of Virginia (as amended) obviates the requirement of formal presentation to the defendant. The plaintiffs further argue that even if not, the pleading sufficiently alleges compliance. The Court is of the opinion that § 15.2-1243(B) in no way excuses the formal process of presenting claims. This subsection simply provides an expedited method for payment of routine expenses.

Consequently, the Court will sustain the defendant’s demurrer, allowing the plaintiffs ninety days in order to replead. The Court need not address the other issues raised.

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Bluebook (online)

54 Va. Cir. 621, 1999 Va. Cir. LEXIS 714, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dalton-v-chesterfield-county-vaccchesterfiel-1999.