Volkswagen of America, Inc. v. Smit

In this appeal, we consider whether the Court of Appeals erred in affirming a circuit court judgment approving a decision of the Commissioner of the Department of Motor Vehicles (the Commissioner) that an automobile distributor violated Code § 46.2-1569(7). We primarily consider whether Code § 46.2-1569(7) requires the Commissioner to find, before holding that a distributor has violated the statute, that the distributor failed to ship to a Virginia dealer a quantity of new vehicles that meets the statute’s requirements.

We will state the facts relevant to this appeal. Volkswagen of America,…