Lawless v. Board of Supervisors

By JUDGE WILLIAM R. SHELTON

On September 1, 1989, counsel presented argument in regard to respondent’s demurrer. Memoranda submitted by the parties have also been reviewed. The Court finds that the demurrer should be granted and the bill of particulars denied.

Pursuant to § 8.01-273 of the Virginia Code, "the contention that a pleading does not state a cause of action or that such pleading fails to state facts upon which the relief demanded can be granted may be made by demurrer." A demurrer admits the truth of all material facts properly pled. Under this rule, "the facts submitted are: (1)…