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TESLA, INC. v. VIRGINIA AUTO. DEALERS

Record Nos. 1180-17-2, 1181-17-2.

809 S.E.2d 695 (2018)

68 Va.App. 509

TESLA, INC., Appellant, v. VIRGINIA AUTOMOBILE DEALERS ASSOCIATION, Appellee. Richard D. Holcomb, Commissioner, Department of Motor Vehicles, Commonwealth of Virginia, Appellant, v. Virginia Automobile Dealers Association, Appellee.

Court of Appeals of Virginia.

February 20, 2018.

Attorney(s) appearing for the Case

Charles C. Lifland ( John D. McGavin , Fairfax; Daniel M. Petrocelli ; Randy Oppenheimer ; Anne E. Huffsmith ; Bancroft, McGavin, Horvath & Judkins, P.C.; O'Melveny & Myers, LLP, on briefs), for appellant Tesla, Inc.

Jeffrey R. Allen , Senior Assistant Attorney General ( Mark R. Herring , Attorney General; Eric K.G. Fiske , Special Counsel; Christian A. Parrish , Assistant Attorney General, on briefs), for appellant Richard D. Holcomb, Commissioner Department of Motor Vehicles, Commonwealth of Virginia.

Brad D. Weiss ( Michael G. Charapp , McLean; Barrett C. Beaty ; Charapp & Weiss, LLP on briefs), for appellee.

The Commissioner of the Virginia Department of Motor Vehicles and Tesla, Inc. filed appeals with this Court challenging the circuit court's order overruling their demurrers. The appellants argue that the circuit court erred in finding the appellee, Virginia Automobile Dealers Association (VADA), has standing to file an appeal in the circuit court challenging a case decision by the Commissioner. VADA filed with this Court a motion to dismiss alleging that the order of the...

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