Hale v. Town of Warrenton

After his employment as the Town of Warrenton’s Building Official ended, Plaintiff filed an amended complaint against the Town requesting a writ of mandamus to reappoint him as “the executive official in charge of the Warrenton building division” as a remedy for the Town’s alleged violation of a local regulation. The Town filed a demurrer, contending that Plaintiff did not allege facts demonstrating that he was ever permanently appointed as the Town’s Building Official. The circuit court sustained the demurrer, concluding that the alleged facts did not demonstrate that the Town had made a “permanent appointment” of Plaintiff as Building Official. The Supreme Court reversed, holding that Plaintiff alleged sufficient facts to survive a demurrer and to permit the reasonable inference that he was permanently appointed as the Building Official for the Town. Remanded. View "Hale v. Town of Warrenton" on Justia Law