CARTWRIGHT v. COMMONWEALTH TRANSP. COM'R

Record No. 042240.

613 S.E.2d 449 (2005)

270 Va. 58

Raymond D. CARTWRIGHT v. COMMONWEALTH TRANSPORTATION COMMISSIONER OF VIRGINIA.

Supreme Court of Virginia.

June 9, 2005.


Attorney(s) appearing for the Case

Jeremy P. Hopkins (Henry E. Howell, III, Norfolk; Waldo & Lyle, on briefs), for appellant.

Todd E. LePage, Senior Assistant Attorney General (Judith W. Jagdmann, Attorney General; Richard L. Walton, Jr., Senior Assistant Attorney General; J. Ridgely Porter, III; Matthew D. Pethybridge; Carr & Porter, on brief), for appellee.

Present: All the Justices.


KOONTZ, Justice.

In this appeal, the issue we consider is whether the circuit court erred in denying a petition for writ of mandamus brought pursuant to Code § 2.2-3713 on the ground that the petitioner had an adequate remedy at law and, thus, mandamus would not lie.

BACKGROUND

The pertinent facts are not disputed. On January 19, 2004, Raymond D. Cartwright, a citizen of this Commonwealth, made a request to the Virginia Department of Transportation...

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