Co. 11’s appeal could be heard in March

The case of Culpeper Volunteer Rescue Squad Co. 11 may not be heard in court until March.

At a pre-trial hearing Tuesday, Culpeper County Circuit Court Judge John R. Cullen set a hearing date for Dec. 17 regarding procedural issues. If the case proceeds, another hearing would occur March 26.

The state suspended Co. 11's license twice this year for failure to respond to calls 24/7. The squad is appealing the suspension and argues the state must grant it a formal hearing to present its case.

Culpeper County Circuit Court is the appellate court in the matter and will decide if a formal hearing is warranted.

Assistant Attorney General Matthew M. Cobb is representing the Virginia Department of Health. He filed a motion to dismiss the case, as well as stated technical reasons for why the appeal is "not properly before the court."

The squad's attorney, Waverly Parker of Stanardsville, argued that the department couldn't get "two shots at the apple."

Parker urged the court to consider the procedural issues as to why the department believes the case ought not to be heard separate from the appeal.

Cobb argued all should be heard at once.

Cullen agreed to separate the matters and set dates for the lawyers to file their briefs.

If the case is to continue after Dec. 17, the hearing would occur March 26 at 10 a.m.

Liz Mitchell can be reached at 825-0771 ext. 110 or