Legal Opinion · Dissent

Muse Construction Group, Inc. v. Commonwealth of Virginia Board for Contractors

Court of Appeals of Virginia

Decided May 1, 2012No. Record 1134-11-2Published

Petty, J., filed a dissenting opinion.

1DissentPetty, J.

Muse presents a simple, direct issue to this Court on appeal: whether the mailing, by certified mail, of a copy of the petition for appeal to the secretary of the Board of Contractors constituted service under Rule 2A:4 of the Rules of Court.3 The underlying premise of the majority’s affirmative conclusion is that the 2006 amendment to Rule 2A:4 was a substantive amendment intended to fundamentally change the nature *100of the judicial review provided by the Virginia Administrative Process Act (VAPA). In so doing, the majority implicitly assumes that the initial pleading in this case was served…

2Cases cited12 opinions

  1. Ohree v. CommonwealthCourt of Appeals of Virginia · 1998
  2. Prillaman v. CommonwealthSupreme Court of Virginia · 1957
  3. Alston v. Com.Supreme Court of Virginia · 2007
  4. Virginia Board of Medicine v. Virginia Physical Therapy Ass'nCourt of Appeals of Virginia · 1991
  5. Atkins v. CommonwealthCourt of Appeals of Virginia · 2010

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