When a claim of any person against a county is disallowed in whole or in part by the governing body, if such person is present, he may appeal from the decision of the governing body within 30 days from the date of the decision. If the claimant is not present, the clerk of the governing body shall serve a written notice of the disallowance on him or his agent, and he may appeal from the decision within 30 days after service of such notice. In no case shall the appeal be taken after the lapse of six months from the date of the decision. The appeal shall be filed with the circuit court for the county. No appeal shall be allowed unless the amount disallowed exceeds $10. The disallowance may be appealed by serving written notice on the clerk of the governing body and executing a cash or surety bond or irrevocable letter of credit to the county in the amount of $250, with condition for the faithful prosecution of such appeal, and the payment of all costs imposed on the appellant by the court.
Code 1950, § 15-259; 1962, c. 623, § 15.1-552; 1983, c. 114; 1997, c. 587; 2000, c. 300; 2010, c. 668.
Notes of Decisions
VIKING ENT. v. Cnty. of Chesterfield, 670 S.E.2d 741 (Va. 2009).
· cites it 40× “The sole issue on appeal is whether Viking also had to comply with the provisions of Code § 15.2-1246 requiring written notice of the appeal to be served on the clerk of the County's governing body and execution of a bond.”
Hartwell v. Fairfax Cnty., 83 Va. Cir. 105 (Fairfax Cir. Ct. 2011).
· cites it 14× “The corporation filed a complaint, and the county demurred, asserting that the corporation had failed to follow the jurisdictional requirements of Va. Code § 15.2-1246. The circuit court sustained the demurrer.”
Gray v. Rhoads, 55 Va. Cir. 362 (Charlottesville Cir. Ct. 2001).
· cites it 3× “If a claim is presented to die governing body and is disallowed in whole or in part, a plaintiff has a right of appeal within thirty days of the governing body’s decision, in accordance with Code of Virginia § 15.2-1246: When a claim of any person against a county is disallowed…”
Peerless Ins. Co. v. Cnty. of Fairfax, 645 S.E.2d 478 (Va. 2007).
· cites it 2× “Peerless appealed the Board of Supervisor's decision to the trial court pursuant to Code § 15.2-1246, by filing a motion for judgment on May 20, 2005.”
McDonnell Landscaping, Inc. v. The Cnty. Bd. of Arlington Cnty., Virginia (Va. Ct. App. 2024).
· cites it 70× “This case concerns the steps a contractor must take to appeal from a county’s disallowance of a payment claim under Code § 15.2-1246. Does the statute require a contractor to submit to the county board a notice of appeal and bond within 30 days from the disallowance decision, or…”
Dynasty Constr. v. Arlington Cnty. Bd. of Supervisors, 73 Va. Cir. 428 (Arlington Cir. Ct. 2007).
· cites it 15× “Discussion Arlington County filed the demurrer and plea in bar in reliance upon the authority of the appellate procedures set out in the Arlington County Purchasing Resolution and the contract between the parties together with the appeal bond requirements of Va. Code §…”
Cnty. of Albemarle v. Camirand (Va. 2013).
· cites it 15× “DISCUSSION The first issue is whether the circuit court was correct in finding that the Retirees complied with Code § 15.2-1246. As the content of the document filed is undisputed, this matter is a pure question of statutory interpretation and is reviewed de novo.”
D.R. Horton, Inc. v. Bd. of Supervisors (Va. 2013).
· cites it 4× “2 In 2008 Horton instituted the instant restitution action seeking reimbursement of the fees by filing a complaint against the Board in the form of an appeal to the circuit court, pursuant to Code § 15.2-1246. 3 In the appeal, Horton challenged the Board's denial of its claim…”
Kuykendall v. Chesterfield Cnty., 54 Va. Cir. 277 (Chesterfield Cir. Ct. 2000).
· cites it 5× “2-1246, one that is executed “with sufficient surety to be approved by the clerk of the governing body____” Va. Code Ann. § 15.2-1246 . The plaintiff’s attempt to post a bond of $300.”
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