General Excavation, Inc. v. City of Harrisonburg

By Judge James V. Lane

This matter came before the Court on Defendant City of Harrisonburg’s demurrer. The Court heard oral argument on April 1, 2010. Having reviewed counsel’s memoranda and the applicable law, the Court now sustains the demurrer.

The threshold question for the Court is whether it has jurisdiction. Plaintiff General Excavation, Inc. (“GEI”) claims jurisdiction based on Va. Code § 2.2-4360 and § 2.2-4364, and the Purchasing and Contracting Manual of the City of Harrisonburg (“PCPM”) § 4-3-54 and § 4-3-58. The City argues that neither the Virginia Public Procurement Act (“VPPA”…