Culpepper Landing, L.C. v. City of Chesapeake

By Judge Randall D. Smith

This matter was before the Court on defendants’ Special Plea and Demurrer. The parties are aware of the facts and arguments and submitted briefs in support of their respective positions, which need not be restated here.

I. Special Plea

In analyzing a special plea, the Court applies the well-settled law of the Commonwealth, which provides that such a plea “shortens the litigation by reducing it to a distinct issue of fact, which, if proven, creates a bar to the plaintiff’s right of recovery.” Tomlin v. McKenzie, 251 Va. 478, 480, 468 S.E.2d 882, 884 (1996). The moving…