Michael Fernandez, D.D.S., Ltd. v. Commissioner of Highways

Summary

The Supreme Court of Virginia affirmed the circuit court’s dismissal of Michael Fernandez’s claim for relocation benefits under the Virginia Relocation Assistance Act. The Court held that the Act does not create an implied private cause of action and that Fernandez had failed to exhaust the administrative review process available under VDOT regulations.

Holdings

1. No private cause of action for payment of relocation expenses can be implied under Code § 25.1-406 of the Virginia Relocation Assistance Act.
2. Fernandez was required to pursue the administrative review process provided by VDOT regulations before seeking judicial review, and he failed to exhaust those remedies.

Questions Presented

1. Whether the Virginia Relocation Assistance Act creates an implied private cause of action for relocation payments under Code § 25.1-406.
2. Whether Fernandez could bypass the administrative review process and directly seek judicial relief for his relocation-benefits claim.

Disposition

affirmed