The Virginia Courtroom of Appeals has dominated that the Rappahannock County Board of Supervisors didn’t have the authorized authority to take away the management of an area volunteer fireplace firm. The go well with was introduced by the duly elected officers and administrators of the Flint Hill Volunteer Fireplace Firm who have been ousted following a County Board of Supervisors assembly on January 26, 2023.
As defined within the resolution:
- Over the previous few years, Flint Hill had difficulties assembly efficiency objectives and certification necessities.
- In consequence, Flint Hill sought help from the opposite volunteer fireplace and rescue departments, the Rappahannock County Fireplace and Rescue Affiliation, and the Board of Supervisors.
- Following, the Board of Supervisors referred to as a particular assembly on January 26, 2023.
- Claiming “numerous . . . deficiencies” had led to “doubt locally that Flint Hill management is able to successfully delivering companies to the neighborhood,” the Board of Supervisors adopted a decision that eliminated the present officers and administrators of Flint Hill and appointed new ones on the assembly.
- Below Flint Hill’s bylaws, officers and administrators should be “full voting member[s]” and elected upon a vote of current members.
- Nonetheless, that process was not utilized in appointing the brand new officers and administrators.
- In response, earlier officers and administrators, the appellants, introduced a petition in opposition to appellees below Code § 13.1-861, searching for a declaratory judgment, injunctive aid, and judicial overview of an election of administrators.
The go well with was initially filed in Rappahannock County Circuit Courtroom who upheld the Board of Supervisors, concluding that Title 27 of the Code of Virginia licensed the elimination and appointment of latest officers. The Virginia Courtroom of Appeals disagreed, concluding that even when Title 27 utilized, the facility to “appoint a chief and … different officers” doesn’t authorize the Board to “take away” the present officers. The court docket additionally raised questions on whether or not Title 27 even utilized to Flint Hill as a result of it was a personal company organized below Title 13. Nonetheless, because it was not needed to succeed in that concern, it declined to think about it and despatched the case again to the circuit court docket.
Here’s a copy of the choice.