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State court of last resort · ST-VA-SC
Eubank v. Thomas
No. 201118Supreme Court of Virginia
201118 Eubank v. Thomas 08/05/2021 In an action pleading claims of malicious prosecution and abuse of process against a county administrator and two employees of the county's planning and zoning department, th…
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201118 Eubank v. Thomas 08/05/2021 In an action pleading claims of malicious prosecution and abuse of process against a county ad…
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- Supreme Court of Virginia
- First added here
- October 4, 2026
- Last entry
- August 5, 2021
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201118 Eubank v. Thomas 08/05/2021 In an action pleading claims of malicious prosecution and abuse of process against a county administrator and two employees of the county's planning and zoning department, the plaintiffs' complaint is not a delayed challenge to zoning actions, thus the "thing decided" doctrine is not applicable. The circuit court erred in granting a demurrer and dismissing the malicious prosecution claim because the complaint adequately pled that claim, but its dismissal of the abuse of process claim is affirmed. The judgment is affirmed in part and reversed in part, and the case is remanded for further proceedings.
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· Supreme Court of Virginia
ReversedAffirmedRemandedDismissedGranted
The court's record, as written
201118 Eubank v. Thomas 08/05/2021 In an action pleading claims of malicious prosecution and abuse of process against a county administrator and two employees of the county's planning and zoning department, the plaintiffs' complaint is not a delayed challenge to zoning actions, thus the "thing decided" doctrine is not applicable. The circuit court erred in granting a demurrer and dismissing the malicious prosecution claim because the complaint adequately pled that claim, but its dismissal of the abuse of process claim is affirmed. The judgment is affirmed in part and reversed in part, and the case is remanded for further proceedings.
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