Is the Augusta County government trying to bully the taxpayer little guy?
After the County of Augusta sued Churchville attorney Francis Chester for sanctions (fines) because he sued the county to roll back the 2009 real estate assessments to 2005 values on behalf of 10,500 county landowners that he represented pro bono, county attorney Pat Morgan continued the intimidation in court.
As quoted directly from the Waynesboro News Virginian:
On cross-examination, Morgan repeatedly asked why Chester demanded documents from Shrewsbury that were not in her possession.Bullying a taxpayer by yelling? The employees are yelling at the employers? What is going on at the Augusta County Government Center?
“What made you think she had the documents?” Morgan asked, his finger pounding on the desk as his voice rose to a boom: “Why did you file for the writ of mandamus?” [emphasis added]
“What do you have to scream for?” Chester replied quietly before Ludwig asked Morgan to keep his voice down.
Nothing was decided Thursday:
After nearly two hours of heated exchanges and two occasions when Chester put himself on the stand, Ludwig chose not to rule on whether he would sanction Chester for filing a lawsuit calling for the 2009 county reassessment to be set aside by the board of supervisors.Thursday's court appearance had many of the taxpayers' employees sitting on the front row: Supervisor Wendell Coleman, Commissioner Jean Shrewsbury, Manager Pat Coffield, a county employee, and sitting with them was Blue Ridge Mass Appraisal owner David Hickey. Sitting behind them was former supervisor Kay Frye who sat with 2007 Democrat supervisor candidate Lee Godfrey. On the last row was supervisor Nancy Sorrells.
Reporters in the room included Tony Gonzales from the Waynesboro News Virginian, Trevor Brown from the Staunton News Leader, and Ken Slack from NBC-29. With a total of 28 spectators in the courtroom (including government employees), over half were there in support of Mr. Chester.
Copies of petitions containing 10,500 signatures from Augusta County residents ... 83 pounds and numerous reams of paper. The judge requested a set for each of the supervisors and Commissioner of the Revenue Jean Shrewsbury. Ms. Shrewsbury had already put together a list from the original set of petitions. Using taxpayer money, Ms. Shrewsbury had her staff put together a elecronic list from the original set of petitions submitted to the BOS, but Shrewsbury is not willing to share the complete list with others.Mr. Chester sat at his table with the eleven sets of petition copies containing 10,500 signatures from county landowners stacked in front of him, as required by the judge (approximately 11,000 pages).
The court stenographer requested by Mr. Chester did not show up so no official record of the proceedings was recorded other than notes by news reporters and the judge. I scribbled as fast as I could during the process.
The request for sanctions was delayed by Judge Victor Ludwig:
If the county did nothing wrong, they should let the taxpayers have their day in court. But by bullying taxpayers and using stalling tactics, it only raises eyebrows concerning the Board of Supervisors and Commissioner of Revenue Jean Shewberry's handling of the entire assessment issue.
The court stenographer requested by Mr. Chester did not show up so no official record of the proceedings was recorded other than notes by news reporters and the judge. I scribbled as fast as I could during the process.
The request for sanctions was delayed by Judge Victor Ludwig:
Over Chester’s protest, Ludwig declined to hear legal arguments about sanctions, then cited four court cases that influenced his thinking and gave Morgan 30 days to file a briefing.Mr. Chester wanted oral arguments but the judge decided they would handle this in written responses that are due Monday, November 16, 2009. The county has 30 days to submit a written argument as to why they should request sanctions against a taxpayer, and then Mr. Chester has two weeks to respond as to why he should not be sanctioned. No court appearance is scheduled.
Chester will then have two weeks to respond.
If the county did nothing wrong, they should let the taxpayers have their day in court. But by bullying taxpayers and using stalling tactics, it only raises eyebrows concerning the Board of Supervisors and Commissioner of Revenue Jean Shewberry's handling of the entire assessment issue.
