Jenkins v. Mehra
704 S.E.2d 577
| Va. | 2011Background
- DPWES issued violation notices to Raj Mehra and Urvashi Mehra in 2005 for drainage and impervious area violations on their Fairfax County property.
- In 2007, DPWES filed suit seeking injunctive relief; circuit court entered a September 2008 consent order.
- Mehraswere found to have not fully complied with the consent order, and Jenkins moved to show cause for contempt.
- At the contempt hearing, Urvashi testified her husband’s job loss left them short of funds, explaining noncompliance was not willful.
- Circuit court held the noncompliance was not willful and dismissed the rule to show cause; Jenkins appealed on two dispositive jurisdictional arguments.
- Virginia Supreme Court dismissed the appeal for lack of appellate jurisdiction, holding neither Code §19.2-318 nor Code §8.01-670(A)(3) provides jurisdiction to review a refusal to find civil contempt.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Code § 19.2-318 governs this appeal. | Jenkins—statute allows appeal from judgments for civil contempt. | Mehras—law does not authorize review of a refusal to hold in civil contempt. | No jurisdiction under §19.2-318. |
| Whether Code § 8.01-670(A)(3) provides jurisdiction for this appeal. | Jenkins—appeal under §8.01-670(A)(3) is permissible. | Mehras—no abrogation of common-law rule; no appeal from refusal to hold in contempt. | No jurisdiction under §8.01-670(A)(3); appeal dismissed. |
Key Cases Cited
- Isbell v. Commercial Inv. Assocs., Inc., 273 Va. 605 (2007) (abrogation must be plainly manifested; strict construction)
- Forbes v. State Council, 107 Va. 853 (1908) (discussion of early contempt appeals and abrogation history)
- Wells v. Commonwealth, 62 Va. (21 Gratt.) 500 (1871) (common-law rule over contempt not subject to appeal)
- Senior, 37 Fla. 1, 19 So. 652 (1896) (explains contempt power as essential to court function)
- Parrish v. Jessee, 250 Va. 514 (1995) (jurisdictional threshold in contempt-related appeals)
- Viking Enter. v. County of Chesterfield, 277 Va. 104 (2009) (prefers §19.2-318 to address contempt appeals)