Wilson v. City of Salem

By Judge Clifford R. Weckstein

In amended bills of complaint, the plaintiffs allege, among other things, that Salem City Council’s decision about where, on city-owned property, to erect a structure should be judicially invalidated because Council violated the Virginia Freedom of Information Act (FOIA) when it made this decision and that the City Council violated 42 U.S.C. § 1983 in making the land-use and planning decisions that are under attack in these cases.

The defendant has demurred to these claims. A demurrer '“tests the sufficiency of factual allegations to determine whether the [bill of…