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City of Danville v. Franklin

Supreme Court of Virginia
Oct 30, 1987
361 S.E.2d 634 (Va. 1987)

Summary

holding that Virginia statute made it clear that the Supreme Court of Virginia had "no power" to review an appeal from the circuit court

Summary of this case from Diedrich v. City of Newport News

Opinion

45486 Record No. 841740

October 30, 1987

Present: All the Justices

A trial court finding that a person pursuing a grievance against a city had a grievable complaint and ordering a full hearing is final and nonappealable under Code Sec. 15.1-7.2 and 2.1-114.5:1 E, and the appeal is dismissed.

Practice and Procedure — Appeal — Cities, Counties and Towns — Grievance Procedures

A city manager ruled that appellee's complaint was not grievable. On appeal the trial court reversed that decision and ordered a full hearing. The city appeals this ruling to the Virginia Supreme Court.

1. Code Sections 15.1-7.2 and 2.1-114.5:1 E make clear that the Virginia Supreme Court has no power to review the matters raised in the appeal and the appeal is dismissed.

Appeal from a judgment of the Circuit Court of the City of Danville. Hon. B. A. Davis, III, judge presiding.

Appeal dismissed.

Scott S. Cairns (James Patrick McElligott, Jr.; Iv Ewell Barr, City Attorney; McGuire, Woods Battle, on briefs), for appellant.

John S. Barr (James A. Lofton; John W. Carter; Maloney, Yeatts Barr, on brief), for appellee.


This appeal arises from a dispute concerning the City of Danville's grievance procedure. By order entered October 26, 1983, the trial court permitted T. Eugene Franklin to institute formal grievance proceedings pursuant to the City's grievance procedure.

After Franklin initiated the procedure, the city manager ruled that his complaint was not "grievable." Franklin appealed this decision to the trial court. The trial court reversed the city manager's decision, concluding that the complaint was grievable and ordering a full hearing. The City appealed that decision to this Court.

Franklin moves to dismiss on the ground that the trial court's decision was final and nonappealable. Franklin relies on Code Sections 15.1-7.2 and 2.1-114.5:1 E. Code Sec. 15.1-7.2 concerns grievance procedures of local governing bodies; it provides in pertinent part as follows:

Decisions of the chief administrative officer or the designated department head as to grievability may be appealed to the circuit court having jurisdiction in the locality wherein the grievant is employed for a hearing de novo on the issue of grievability. Such appeal shall follow the same procedures as those established in Sec. 2.1-114.5:1 E.

The final sentence of Code Sec. 2.1-114.5:1 E reads as follows: "The decision of the court is final and is not appealable."

The statutes relied on by Franklin make clear that this Court has no power to review the matters raised in this appeal. Therefore, Franklin's motion to dismiss is granted and the appeal will be dismissed.

Appeal dismissed.


Summaries of

City of Danville v. Franklin

Supreme Court of Virginia
Oct 30, 1987
361 S.E.2d 634 (Va. 1987)

holding that Virginia statute made it clear that the Supreme Court of Virginia had "no power" to review an appeal from the circuit court

Summary of this case from Diedrich v. City of Newport News

affirming that the circuit court's determination regarding the grievability of an employee's complaint is final and not appealable

Summary of this case from Brito v. City of Norfolk
Case details for

City of Danville v. Franklin

Case Details

Full title:CITY OF DANVILLE v. T. EUGENE FRANKLIN

Court:Supreme Court of Virginia

Date published: Oct 30, 1987

Citations

361 S.E.2d 634 (Va. 1987)
361 S.E.2d 634

Citing Cases

Diedrich v. City of Newport News

" Va. Code Ann. §15.2-1507(A)(9)(b) (West 2014). See also City of Danville v. Franklin, 361 S.E. 2d 634 (Va.…

Brito v. City of Norfolk

The decision of the court is final and is not appealable. Va. Code § 15.2-1507(A)(9)(b); see also City of…