VIRGINIA:
IN THE CIRCUIT COURT OF THE CITY OF NORFOLK
TIMOTHY S. HUNT )
)
Plaintiff, )
)
v. ) Case No. CL14002034-00
)
COMMONWEALTH OF VIRGINIA )
)
Defendant. )
ORDER
THIS CAUSE came before the Court on August 22, 2014, on the Defendant’s Demurrer, and the matter having been fully presented and argued to the court and submitted for its decision, and the Court being fully advised; and
IT APPEARING to the Court after hearing the arguments of counsel and reviewing the briefs submitted by counsel, that the Commonwealth’s sovereign immunity prevents this Court from entertaining a Declaratory Judgment action as requested in the Complaint, the Court finds that the Demurrer should be SUSTAINED.
It is therefore ADJUDGED, ORDERED, AND DECREED that the Defendant’s Demurrer is SUSTAINED without leave to amend. It is further ADJUDGED ORDERED and DECREED that this case be DISMISSED with prejudice as to the filing of such Declaratory Judgment. The Clerk is requested to send certified copies of this order to counsel of record.
ENTERED this 22nd day of August, 2014
____________________________
Circuit Court Judge
Charles E. Poston, Judge
COPY TESTE:
GEORGE E. SCHAEFER, CLERK
NORFOLK CIRCUIT COURT
BY: Brittany Hopper, Deputy Clerk
Authorized to sign on behalf
Of George E. Schaefer
Date: August 22, 2014
I ASK FOR THIS:
_____________________
Elizabeth Bushnell Myers (VSB #80739)
Assistant Attorney General
OFFICE OF THE ATTORNEY GENERAL OF VIRGINIA
900 East Main Street
Richmond, Virginia 23219
Telephone: (804) 786-9516
Facsimile: (804) 692-1647
Email: ebmyers@oag.state.va.us
Counsel for Defendant
SEEN AND OBJECTED TO for the reasons
State on the record.
______________________
Robert V. Roussos, Esq.
ROUSSOS, LASSITER, FLAZER & BARNHARD, P.L.C.
580 E. Main Street, Ste. 300
Norfolk, Virginia 23510
(757) 622-9005
Counsel for Plaintiff