Thursday, October 23, 2003

Constitutional challenge to Va. statutory limit on tow charges dismissed under 11th Amendment

In Va. Ass'n of Towing and Recovery Operators, Inc. v. Commonwealth of Virginia, the Fourth Circuit in a per curiam opinion for the panel of Judges Motz, Gregory, and Shedd affirmed the dismissal of the towing association's constitutional challenge to the statutory limit on nonconsensual towing charges under Va. Code § 46.2-1233.1, where Judge Hilton of the E.D. Va. had concluded that the relief sought against the Commonwealth was barred by the Eleventh Amendment.

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