Davison v. Virginia Department of Education

By Judge Herbert C. Gill, Jr.

This matter was first brought before the Court on October 10, 2014, on a Petition for Writ of Mandamus. The Court called for the Defendant’s Demurrer to- be heard, and both parties offered oral argument. The Court took the matter under advisement, pending the issuance of this letter opinion.

The function of a demurrer is to test whether a complaint states a cause of action. Va. Code Ann. § 8.01-273. “In reviewing the sufficiency of a motion for judgment on demurrer, the trial court is required to consider as true all material facts that are properly pleaded, facts…