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1995 SESSION

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SB 154 Freedom of Information Act; proceedings for enforcement.

Introduced by: Robert L. Calhoun | all patrons    ...    notes | add to my profiles

SUMMARY:

Virginia Freedom of Information Act; proceedings for enforcement. Provides that petitions alleging denial by the State Corporation Commission (SCC) of rights and privileges conferred by the Virginia Freedom of Information Act shall be addressed to the Supreme Court of Virginia. The Supreme Court held in Atlas Underwriters, Ltd. v. SCC, 237 Va. 45, 375 S.E.2d 733 (1989), that current § 2.1-346 is unconstitutional as applied to the SCC because the section provides for petitions for enforcement to be addressed to the General District Court or the Circuit Court for the City of Richmond. Pursuant to Article IX, § 4 of the Virginia Constitution, the Virginia Supreme Court has exclusive original jurisdiction over all challenges to actions of the SCC.


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