Condemning authorities have long taken the position that the federal Uniform Relocation Act–and by extension the Virginia Relocation Act—confer no private right of action on behalf of a displaced person. In other words, a business or citizen cannot sue the agency directly for relocation benefits if the displacee claims they are insufficient or have been denied. The displacee must instead go through an administrative appeal process. However, an interesting case is working its way towards oral argument in the Virginia Supreme Court, in which a displacee is attempting to skip the administrative appeal phase entirely and proceed directly to a lawsuit. The Virginia Supreme Court will hear argument in the case of Michael Fernandez, D.D.S., Ltd., a Division of Atlantic Dental Care, PLC v. Commissioner of Highways, on a date yet to be identified. The only issue under consideration is whether the Virginia Relocation Act creates a private right of action for displaced persons.
The displacee, a dental practice, was relocated as the result of a highway project. They failed to file any administrative appeal and then filed suit in state court. The agency at issue staunchly denies any wrongdoing and contends that it followed both the letter and the spirit of the Virginia Relocation Act. The agency asked the court to dismiss the complaint alleging, among other grounds, that the Virginia Relocation Act does not create a private cause of action.
The Virginia Beach Circuit Court agreed and dismissed the case with prejudice. A copy of the trial court’s opinion is available at the following link: Circuit Court Opinion. The Virginia Supreme Court granted a writ of certiorari in the case under the style of Michael Fernandez, D.D.S., Ltd., a Division of Atlantic Dental Care, PLC, v. Commissioner of Highways, Record No. 191056, Virginia Beach Circuit Court No. CL18-3017. We will be following this case closely as it moves forward and additional articles in this series will follow.
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