Fairfax County Department of Public Works v. C. Ray Davenport, Commissioner

COURT OF APPEALS OF VIRGINIA Present: Judges Kelsey, Haley and Powell Argued at Alexandria, Virginia FAIRFAX COUNTY DEPARTMENT OF PUBLIC WORKS AND ENVIRONMENTAL SERVICES MEMORANDUM OPINION * BY v. Record No. 0745-09-4 JUDGE CLEO E. POWELL DECEMBER 22, 2009 C. RAY DAVENPORT, COMMISSIONER, DEPARTMENT OF LABOR AND INDUSTRY FROM THE CIRCUIT COURT OF FAIRFAX COUNTY Dennis J. Smith, Judge Brian S. Yellin (David P. Bobzien, County Attorney; Cynthia L. Tianti, Senior Assistant County Attorney; Law Office of Adele L. Abrams, P.C.; Office of the County Attorney, on brief), for appellant. Crystal Y.…