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CITY OF VIRGINIA BEACH v. HAY

Record No. 981936.

518 S.E.2d 314 (1999)

CITY OF VIRGINIA BEACH v. David S. HAY.

Supreme Court of Virginia.

September 17, 1999.

Attorney(s) appearing for the Case

Hunter W. Sims, Jr. (Scott W. Kezman, Norfolk; Leslie L. Lilley, City Attorney; Kaufman & Canoles, Norfolk, on briefs), for appellant.

David S. Hay, Virginia Beach, for appellee.

Present: All the Justices.

LACY, Justice.

David S. Hay filed a grievance with the City of Virginia Beach (the City) protesting the termination of his employment as an assistant city attorney. When the City refused to process Hay's grievance, claiming that he was an appointed, non-merit employee ineligible to participate in the grievance process, Hay filed this proceeding. The trial court, citing Dillon's Rule, held that the City did not have the statutory authority to hire Hay as an appointed...

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