Davenport v. Thor, Inc.

By Judge Charles M. Stone

This cause came on for hearing ore terms on June 27, 2003, upon Respondent’s Special Plea and Motion to Dismiss. The issue, which was briefed and argued by counsel, is whether the delay by the Commonwealth in filing its Bill of Complaint is inherently prejudicial to the Respondent.

Relevant Facts

The Commissioner conducted his inspection of the premises at which Respondent worked on August 18,1999. Violations were found and a citation was issued on October 22,1999. Respondent filed its notice to contest on November 2, 1999, and a hearing was held on November 4,1999. The…