SCHOOL BD. OF COUNTY OF YORK v. NICELY

Record No. 1612-90-1.

408 S.E.2d 545 (1991)

SCHOOL BOARD OF the COUNTY OF YORK v. George Daniel NICELY, et al.

Court of Appeals of Virginia.

July 30, 1991.


Attorney(s) appearing for the Case

Kathleen S. Mehfoud (Hazel & Thomas, P.C., on briefs), Richmond, for appellant.

Lois V. Ragsdale (Department for Rights of Virginians with Disabilities, on brief), Richmond, for appellees.

The Henrico County Public Schools (J.T. Tokarz, Richmond, on brief), amicus curiae, for appellant.

Present: KOONTZ, C.J., and BARROW and KEENAN, JJ.


KOONTZ, Chief Judge.

The School Board of York County (School Board), appellant, appeals the September 20, 1990 circuit court decision to grant the appellees Nicelys' motion for summary judgment on the ground that the School Board failed to appeal the Virginia Board of Education's administrative decision within the Virginia Administrative Process Act's (VAPA) thirty day limitation period. Inherent in the court's decision is the finding that the VAPA's provisions for...

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