Opinion
Barry R. Poretz (Michael E. Canode; Jordan, Coyne, Savitss&sLopata, on brief), Fairfax, for appellant.
John H. Foote, County Attorney (Elizabeth D. Whiting, Assistant County Attorney, on brief), Prince William, for appellees.
Upon consideration of the record, briefs, and argument of counsel, the Court is of opinion that error exists in the judgment of the circuit court.
The record shows that the appellant, when his claim was disallowed by the County Board of Supervisors, caused a written notice of appeal to be served upon the Clerk of the Board and executed a bond to the County, all within 30 days after service upon his attorney by the Clerk of the Board of a written notice of the disallowance. The Court holds, according to the plain language of Code § 15.1-552, that the appellant, by the foregoing acts, properly perfected the appeal to the circuit court from the Board's decision.
Accordingly, the Court concludes that the circuit court erred in sustaining the appellees' motion to dismiss the motion for judgment, filed more than 30 days after notice of disallowance, and in ruling that the statute required the appellant to file a motion for judgment in the circuit court within 30 days after receiving such notice of disallowance. Therefore, the judgment appealed from is reversed and the case is remanded to the circuit court for further proceedings upon the appellant's motion for judgment.
Because the issue decided is likely to arise in future cases, this order shall be published in the Virginia Reports.
Justice WHITING took no part in the consideration or decision of this appeal.
This order shall be certified to the said circuit court.