Bragg v. Bd. of Supervisors of Rappahannock Cnty.

Summary

The Supreme Court of Virginia considered whether a petition seeking enforcement of the Virginia Freedom of Information Act was properly supported by an affidavit showing good cause under Code § 2.2-3713(A). The Court held that the petitioner’s affidavit, together with a board member’s acknowledgment incorporated into the petition, satisfied the statutory requirement. It reversed the circuit court’s dismissal and remanded for further proceedings.

Holdings

1. Bragg's affidavit satisfied Code § 8.01-280 and, by extension, Code § 2.2-3713(A), because she swore that the petition's allegations were true or, when made on information, that she believed them to be true.
2. The Frazier Acknowledgment was part of the pleading because it was an accompanying exhibit mentioned in the petition, and its admissions had to be accepted as true for purposes of the motion to dismiss.
3. Dismissal was improper because the petition, supported by Bragg's affidavit and corroborated by the Frazier Acknowledgment, complied with Code § 2.2-3713(A).

Questions Presented

1. Whether Bragg's petition was supported by an affidavit showing good cause as required by Code § 2.2-3713(A).
2. Whether the court was required to consider the Frazier Acknowledgment as part of the pleading and accept its admissions as true on a motion to dismiss.
3. Whether the circuit court erred by dismissing the petition based on alleged defects in the affidavit and the asserted conflict between Frazier's acknowledgment and his prior certifications.

Disposition

reversed_and_remanded