Supreme Court of Virginia

Tc Midatlantic Dev. v. Dept. of Gen. Svcs.

June 10, 2010280 Va. 204

Summary

The Supreme Court of Virginia affirmed the trial court's dismissal of Counts I‑IV of TC MidAtlantic Development’s amended complaint for failure to satisfy the conditions precedent in Section 47, reversed the dismissal of Count V because that claim was not subject to Section 47, and remanded the case for further proceedings on Count V. The Court held that the complaint did not plead a timely claim, that Section 47 does not apply to Phase II claims, and that the trial court did not abuse its discretion by refusing to allow a further amendment.

Holding

  • Did the trial court err in sustaining the demurrer and dismissing Counts I‑IV for failure to plead compliance with Section 47?. The trial court did not err; the amended complaint failed to allege a timely claim under Section 47, so the demurrer was properly sustained.
  • Did the trial court err in dismissing Count V for alleged non‑compliance with Section 47 when Phase II claims are not subject to that provision?. The trial court erred; Section 47 does not apply to Phase II claims, so the demurrer cannot be sustained on that ground.
  • Did the trial court abuse its discretion by refusing to allow TC MidAtlantic to amend its amended complaint?. The trial court did not abuse its discretion; the order dismissing the amended complaint without leave to amend did not preclude a later motion for amendment.

Docket 091271

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