Opinion
210988
09-16-2022
CITY OF HAMPTON v. REESE WILLIAMSON
Brandi A. Law, Cheran Cordell Ivery, and Lola Rodriguez Perkins (Office of the City Attorney) for appellant. Stephen Edward Heretick (Stephen Heretick, P.C.) for appellee.
The Circuit Court of the City of Hampton; M. Gaten, Judge.
Brandi A. Law, Cheran Cordell Ivery, and Lola Rodriguez Perkins (Office of the City Attorney) for appellant.
Stephen Edward Heretick (Stephen Heretick, P.C.) for appellee.
GRANTED APPEAL SUMMARY
Assignments of Error
1. The circuit court erred in granting a writ of mandamus by order on July 23rd, 2021, requiring the City to provide all relevant records requested by a grievant prior to a final grievance hearing, because a writ of mandamus was not an appropriate remedy in this matter.
2. The circuit court erred in its statutory interpretation of Virginia Code § 15.2-1507(A)(10)(b)(3) by holding by order on July 23rd, 2021, that the statute creates a ministerial duty for a locality to provide to a grievant any relevant records requested by the grievant prior to a final grievance hearing as such interpretation and subsequent ruling goes beyond the plain language of the statute.