The lawsuit seeks compensatory and punitive damages against the defendant based on allegations of fraud, breach of fiduciary duty, breach of contract, gross negligence and breach of the Virginia Securities Act, according to the press release. The lawsuit also seeks reimbursement of all fees paid by the county to the defendant.
Attorneys representing the Fluvanna Board of Supervisors filed a notice of appeal May 1 to the state Supreme Court asking that court to reconsider its $18 million lawsuit against Davenport. The suit is asking that Davenport be found responsible for misleading the board regarding the best method to finance the school. Davenport advised supervisors on bonds to fund construction of the new high school which is opening in August. On Feb. 23, Fluvanna Circuit Court Judge Benjamin N.A. Kendrick dismissed the lawsuit, saying it was not the Circuit Court’s job to determine liability in such cases.
The heart of the legal action is a claim that Davenport received excessive fees, caused Fluvanna County to be liable for nearly $18 million in excess interest payments and gave deceptive and self-serving advice.
Davenport vigorously denied the allegation, saying in an e-mail to the Fluvanna Review in June that Davenport “stands behind the advice given to Fluvanna County one hundred percent.”
