Commonwealth ex rel. Gilmore v. Smoky Mountain Secrets, Inc.

By Judge Melvin R. Hughes, Jr.

This case has been under advisement after a four day bench trial in April, 1996. Following the trial there was an issue of constitutionality which was briefed and argued and on which the court ruled in July, 1996.1 After that, the parties submitted their respective proposed findings of fact and conclusions of law.

In this proceeding, the plaintiff, the Commonwealth of Virginia, ex rel. James S. Gilmore, III, Attorney General, filed a Bill of Complaint against Smoky Mountain Secrets and Western Surety Company alleging that Smoky Mountain violated the Virginia…