INDEPENDENT LOCAL NEWSNewport News, Virginia
Back to the record

Document text · Page 9 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.

- 9 - requested documents. Id. The Supreme Court dismissed the plaintiff’s petition because the Rules of the Commission provided several ways for him to challenge the Commission’s interpretation of VFOIA. Id. at 482-83. The Court held that “[b]ecause mandamus is an extraordinary remedy, [the plaintiff] is required to avail himself of his ‘specific and adequate remedy’ under the Commission’s Rules before seeking a writ of mandamus.” Id. at 483. Here, Adams has a “specific and adequate” legal remedy: the appeals process. The Supreme Court has “repeatedly held that the extraordinary remedy of mandamus cannot be used as a substitute for an appeal.” Hertz v. Times-World Corp., 259 Va. 599, 610 (2000); see also Bd. of Supervisors v. Combs, 160 Va. 487, 498 (1933) (“[Mandamus] lies to compel, not to revise or correct action, however erroneous it may have been, and is not like a writ of error or appeal, a remedy for erroneous decisions.”). In fairness, it cannot be said that Adams is attempting to substitute mandamus for an appeal. It did, after all, appeal appellees’ decision to the BZA and has now petitioned the Circuit Court for the City of Newport News to overturn the BZA’s denial of its appeal. In other words, it is presently availing itself of the appropriate legal remedy. But an attempt to supplement an appeal with a writ of mandamus is no better than an attempt to substitute such a writ for an appeal. Either way, there is a “specific and adequate” legal remedy, so mandamus cannot lie. See Combs, 160 Va. at 498 (“Nor is the extraordinary writ of mandamus ever granted to enforce a right when there is any other adequate legal remedy available to the applicant.”). Because Adams is entitled to neither a declaratory judgment nor a writ of mandamus, the circuit court properly sustained appellees’ demurrer and plea in bar.
Jump to an indexed page (13 of 13)

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