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BD. OF SUP'RS v. DAVENPORT & CO.

Record No. 121191.

742 S.E.2d 59 (2013)

285 Va. 580

BOARD OF SUPERVISORS OF FLUVANNA COUNTY, v. DAVENPORT & COMPANY LLC.

Supreme Court of Virginia.

April 18, 2013.

Attorney(s) appearing for the Case

Douglas M. Palais , Richmond ( Andrew R. Park ; Frederick W. Payne , Charlottesville; Kristina M. Hofmann ; Park Palais; Payne & Hodous, on briefs), for appellant.

William G. Broaddus , ( Anne Marie Whittemore ; Tennille J. Checkovich ; Matthew A. Fitzgerald ; McGuireWoods, on brief), Richmond, for appellee.

Present: All the Justices.

Opinion by Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether the circuit court erred when it sustained a demurrer to a complaint filed by the Board of Supervisors of Fluvanna County (the Board) against a private financial advisor on the basis that the separation of powers doctrine prevented the court from resolving the controversy because the court would have to inquire into the motives of the Board's legislative decision making. An inquiry into the...

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