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Granted Appeal Summary

Case

DUMFRIES-TRIANGLE RESCUE SQUAD, INCORPORATED v. BOARD OF COUNTY SUPERVISORS OF PRINCE WILLIAM COUNTY, VIRGINIA (Record Number 191000)

From

Circuit Court of Prince William County; S. Smith, Judge.

Counsel

John H. Foote, Garth M. Wainman, and Matthew A. Westover (Walsh, Colucci, Lubeley & Walsh, P.C.) for appellant. Michelle R. Robl and Megan E. Kelly (Office of the County Attorney) for appellee.

Assignments of Error Granted

1. The trial court erred in overruling DTRS\\u2019s Demurrer, because the Board lacks the authority to dissolve the separate corporate status of DTRS.
2. The trial court erred in granting the Board\\u2019s Motion for Summary Judgment because the Board was not entitled to judgment as a matter of law, since it lacks the authority to dissolve DTRS\\u2019s corporate status.
3. The trial court erred in granting the Motion for Summary Judgment because its reliance on Virginia Code Ann. \\xa7 13.1-907 regarding the distribution of DTRS\\u2019s assets to the Board or to an entity engaged in activities substantially similar to DTRS was erroneous.
4. The trial court erred in overruling DTRS\\u2019s Plea in Bar because the Board has no authority to compel DTRS to convey its property to the Board or another entity engaged in similar activities as DTRS, pursuant to Virginia Code Ann. \\xa7 13.1-907, a statute that is inapplicable in this case but that was relied on by the trial court.

http://www.courts.state.va.us/courts/scv/appeals/191000.pdf

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