Kalergis v. Virginia Comm'r of Highways

David and Mary Kalergis (collectively, "Kalergis") appeal from a decision of the Circuit Court of Albemarle County ("circuit court"). Kalergis sought to compel the Commissioner to reconvey property, previously acquired in advance of a transportation project, pursuant to Code § 33.2-1005(A). On appeal, Kalergis argues that the circuit court erred in sustaining a demurrer filed by the Commissioner of Highways ("Commissioner") in his capacity as chief executive officer of the Virginia Department of Transportation ("VDOT"). For the following reasons, we affirm the judgment of the circuit court…