The Mathews County Board of Supervisors has filed a motion with Mathews Circuit Court asking that the court dismiss the Hole in the Wall Waterfront Grill suit against the board and two of its supervisors, Dave Jones and Mike Walls.
The county issued a plea of sovereign immunity, stating that, as an agency of the state, the county is “absolutely immune from all claims.” The immunity applies even to intentional torts, stated the motion, including the claims of malicious prosecution and abuse of process that Hole in the Wall is charging.
The motion also included a demurrer to the first amended complaint in the suit, saying that the complaint “fails to state a claim upon which relief may be granted.”
Hole in the Wall’s first amended complaint explains at length the issues that Mac Casale, co-owner of the restaurant, had with Jones and Walls, including his claims that the two supervisors “attempted to use (allegedly) unfounded zoning violations to cause Hole in the Wall to appear in violati...