Clark v. Town of Middleburg

By Judge James H. Chamblin

This cause is before the Court on the demurrer of the Town of Middleburg (“Town”) and the Town Council of the Town of Middleburg (“Town Council”). The Court heard oral argument on June 1, 1990. For the reasons hereinafter set forth, the Demurrer is overruled, and the Town Council is granted until June 29, 1990, to file its Answer.

The Complainants seek a declaratory judgment that certain actions of the Town Council are null and void. If it is complained that the actions of a legislative body are null and void, then the body should have the right to defend its actions,…