INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 5 of 13

Adams Outdoor v. Newport News — opinion, 0237-25-1

Text from the approved public copy. Page numbers follow the PDF sequence.

Open Source Document

This page uses extracted PDF text. Text can misread numbers, dates or table columns. Check the PDF before quoting or interpreting it. Redacted areas remain redacted.

- 5 - Virginia Constitution.4 Adams also sought $19,131,840 in damages for lost revenue expected to be earned from the billboards. Appellees opposed the motion, arguing that the new claims were barred by the statute of limitations and that litigating the claims would prejudice them. Appellees asserted that the new claims did not relate back to the date of the original complaint under Code § 8.01-6.1 because they constituted new substantive causes of action. Adams responded that the claims related back because they arose from the same transaction or occurrence as the original claims. After a hearing on October 15, 2024, at which the parties presented evidence ore tenus, the circuit court entered a final order on January 6, 2025. It concluded that appellees’ denial of the permits was discretionary rather than ministerial and Adams had an adequate remedy at law, so Adams was entitled to neither a declaratory judgment nor a writ of mandamus. It therefore sustained appellees’ demurrer, partially sustained their pleas in bar, and dismissed Adams’ complaint. The circuit court then denied Adams’ motion for leave to amend the complaint, finding that (1) there was no longer a pleading before the court which could be amended because the court had already dismissed Adams’ complaint; and (2) “amendment of the Plaintiff’s Complaint would be futile because the deficiencies found by the Court cannot be remedied.” Adams filed written objections to the final order and timely appealed. 4 Adams’ proffered amended complaint also included new factual allegations, mainly revolving around appellees’ treatment of allegedly similar applications from one of Adams’ competitors, Kenjoh Outdoor Advertising. According to Adams’ proffered amended complaint, Ms. Hall had previously certified two of Kenjoh’s permit applications in just 72 hours, but the City then received “political backlash” after Kenjoh built its billboards. Adams alleged, upon information and belief, that because of that backlash, Hall “intentionally, deliberately, and maliciously” delayed certifying its applications until after the zoning ordinance amendment was adopted so that she could then deny the applications. These factual allegations undergirded Adams’ equal protection and business conspiracy claims.
Jump to an indexed page (13 of 13)

Report a privacy or text-extraction issue through publication requests.