Nelson v. Department of Welfare

Fairfax County Circuit Court

Nelson v. Department of Welfare

8 Va. Cir. 17, 1980 Va. Cir. LEXIS 18

Fairfax County Circuit Court·Decided December 18, 1980·No. Case No. (Chancery) 68018·Published

Opinion

By JUDGE THOMAS J. MIDDLETON

Upon consideration of the pleadings, the arguments of counsel and memoranda filed, it is the opinion of the Court, that th$ Motion ,to Strike the Demurrer filed on behalf of the. Petitioner should be denied and that the Demurrer filed on behalf of the Defendant should be sustained

It appears to the Court that Section 9-6.14:20(ii) of the Administrative Process Act,excludes from judicial review any agency action relating, to grants of funds. Section 63.1-119 of Chapter 6, Public Aid and Assistance, Article 2, Grants of Assistance, seems to support this conclusion.

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By JUDGE THOMAS J. MIDDLETON

Upon consideration of the pleadings, the arguments of counsel and memoranda filed, it is the opinion of the Court, that th$ Motion ,to Strike the Demurrer filed on behalf of the. Petitioner should be denied and that the Demurrer filed on behalf of the Defendant should be sustained

It appears to the Court that Section 9-6.14:20(ii) of the Administrative Process Act,excludes from judicial review any agency action relating, to grants of funds. Section 63.1-119 of Chapter 6, Public Aid and Assistance, Article 2, Grants of Assistance, seems to support this conclusion.

Nelson v. Department of Welfare, 8 Va. Cir. 17, 1980 Va. Cir. LEXIS 18 (Va. Super. Ct. 1980).

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