Avery v. City of Norfolk

By Judge Charles E. Poston

This suit for declaratory judgment and an injunction was tried to the Court on January 22, 2003. Following the trial, counsel for the parties submitted proposed Findings of Fact and Conclusions of Law. For the reasons explained below, the Court finds for the Defendant and dismisses this cause with prejudice.

Findings of Fact

The Plaintiffs in this cause are some fifty-three active or retired firefighters or police officers, all of whom were employed by the City of Norfolk prior to 1970. The Defendant City of Norfolk is a municipal corporation organized and existing…