2.2-3816 - Proceedings for enforcement of chapter. - Virginia Statutes

§ 2.2-3816. Proceedings for enforcement of chapter.

A. Any aggrieved person may institute a proceeding for injunction or mandamusagainst any agency that has engaged, is engaged, or is about to engage in anyacts in violation of the provisions of this chapter. Venue for the petitionshall be addressed as follows:

1. In a case involving a local agency, to the general district court orcircuit court of the county or city from which the agency has been elected orappointed to serve;

2. In a case involving a regional agency, to the general district or circuitcourt of the county or city where the principal business office of suchagency is located; and

3. In a case involving a state agency, including a public institution ofhigher education, to the general district court or the circuit court of theresidence of the aggrieved party or of the City of Richmond.

B. If the court finds a violation of the provisions of this chapter, thepetitioner shall be entitled to recover reasonable costs and attorney feesfrom the agency if the petitioner substantially prevails on the merits of thecase, unless special circumstances would make an award unjust. In making thisdetermination, a court may consider, among other things, the reliance of theagency on an opinion of the Attorney General or a decision of a court thatsubstantially supports the agency's position.

(2009, c. 213.)