Supreme Court will hear former IOW official’s appeal

Published 7:16 am Saturday, January 30, 2010

ISLE OF WIGHT—The Virginia Supreme Court has agreed to hear an appeal in a defamation case involving two former Isle of Wight County officials.

Alan Nogiec, who served as the county’s director of parks and recreation until retiring in 2007, sued the county and former Assistant County Administrator Patrick Small. Nogiec was awarded $150,000 for defamation from Small in circuit court last March.

As director of parks and recreation, Nogiec was in charge of the Isle of Wight Museum.

The lawsuit against Small stemmed from comments he made during a Board of Supervisors meeting in May 2007. Small stated that neither the board nor the county administrator had been informed by staff about the museum’s potential for flooding even though, according to Small, the former director of parks and recreation had been informed of such by museum staff on more than one occasion.

In a lawsuit against the county, Nogiec was awarded $45,000 in circuit court for breach of contract.

Decisions in both lawsuits were appealed, and last month the Supreme Court decided not to hear the county’s appeal. According to the Supreme Court clerk’s office, no date has been set for the court to hear Small’s appeal.

Small resigned his post as the county’s assistant county administrator last year.