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

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- 6 - ANALYSIS I. The Circuit Court Properly Sustained Appellees’ Demurrer and Plea in Bar Because Adams Is Entitled to Neither Declaratory nor Mandamus Relief A. Standard of Review “At the demurrer stage, it is not the function of the trial court to decide the merits of the allegations set forth in a complaint, but only to determine whether the factual allegations pled and the reasonable inferences drawn therefrom are sufficient to state a cause of action.” Friends of the Rappahannock v. Caroline Cnty. Bd. of Supervisors, 286 Va. 38, 44 (2013) (quoting Riverview Farm Assocs. Va. Gen. P’ship v. Bd. of Supervisors of Charles Cnty., 259 Va. 419, 427 (2000)). “To survive a challenge by demurrer, a pleading must be made with ‘sufficient definiteness to enable the court to find the existence of a legal basis for its judgment.’” Id. (quoting Eagle Harbor, L.L.C. v. Isle of Wright Cnty., 271 Va. 603, 611 (2006)). “A trial court’s decision sustaining a demurrer presents a question of law which we review de novo.” Harris v. Kreutzer, 271 Va. 188, 196 (2006). “A plea in bar asserts a single issue, which, if proved, creates a bar to a plaintiff’s recovery.” Massenburg v. City of Petersburg, 298 Va. 212, 216 (2019) (quoting Hawthorne v. VanMarter, 279 Va. 566, 577 (2010)). Where, as here, “the ‘parties present[ed] evidence on the plea ore tenus, the circuit court’s factual findings are accorded the weight of a jury finding and will not be disturbed on appeal unless they are plainly wrong or without evidentiary support.’” Id. (quoting Hawthorne, 279 Va. at 577). B. Adams Is Not Entitled to a Declaratory Judgment In its complaint, Adams sought a declaratory judgment establishing that (1) appellees’ authority was limited to enforcing the zoning ordinance in effect at the time the applications were submitted; and (2) appellees “exceeded their authority when they withheld certification that
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