Chester faces sanctions over reassessment suit
STAUNTON — Augusta County’s attorney has gone back to court arguing that Francis Chester’s reassessment lawsuits so lack legal standing that the Churchville lawyer should be sanctioned.
“They’re trying to frighten me with the sanctions,” Chester said Monday. “And I’m not afraid.”
County Attorney Patrick Morgan last week filed a five-page document reiterating his claims against Chester.
Seizing on a groundswell of unrest over mass appraisals that increased average values by more than a fourth, Chester sued last spring, asking the court to order Augusta supervisors to set aside this year’s reassessment as a class action remedy for more than 10,000 property owners he claims to represent.
County Attorney Patrick Morgan responded with a motion to dismiss on 23 grounds and called for sanctions against Chester for bringing the complaint.
Chester moved to withdraw his suit in October, which will be approved, but not before Judge Victor V. Ludwig considers written arguments on sanctions. Chester, meanwhile, has filed a new “mass appeal of the mass assessment.”
Morgan wants that dismissed too.
He argues Chester should have known his lawsuit was filed in error because no state codes or court decisions imply supervisors have authority to adjust assessments. Morgan reiterates that class-action suits are not allowed under Virginia law.
Chester said he plans to file a response by Friday to Morgan’s latest salvo.
“Sanctions against attorneys [are] rarely successful,” Chester said. “I expect that the rarity is going to continue here.”
Chester said filing individual lawsuits on behalf of more than 10,000 people, instead of filing one suit, would cost $2 million.
Morgan argues courts already have a process in place to condense numerous hearings into one trial, but that attorneys must initially bring separate filings.
Chester’s “mass appeal,” Morgan wrote, “appears to be another attempt ... to file a class action lawsuit which is not an available remedy in courts of ... Virginia.”
He argues that state code does not provide for mass appeals of assessments, Chester does not properly represent the 10,000 people who allegedly signed his petition and supervisors are shielded from such lawsuits.
In addition, Morgan argues the plaintiffs, including Chester, fail to show they first applied for assessment relief through the Board of Equalization. That agency reviews values questioned by property owners.
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Reader Reactions
It amazes me that some people can’t see the big picture. The County administrator, and ALL of the STAFF that work in Verona work for the Board Of Supervisors, We the people elect the board of Supervisors, it is high time that Mr Coffield, Mr McGehee, Mr Cobb, Mr Morgan, are held accountable for how they are managing our County. To do this we really need to call, write, or email your supervisor and hold them accountable for their inability to give direction and manage the staff that they have hired to do the job. If that is not done by the citizens then it will be business as usual in Verona…..
—this is why we amend laws.
We could have the 10,000 rally in front of Patrick’s home or his work—as an Agent of the County—his first devotion is ultimately—to the people who by conduct choose the mores, values, and language that set the premises of our common law. In fact, it would be impossibel to separate common law and “common” people values—one would presuppose the other.
If the common law is not a direct reflection “of the people,“ then legislatures—must act, from on top.
We wonder if Patrick has spoken to our local delegates “before Tuesday” to have motions brought before the general assembly, of this?
Being proactive is just as efficient and a fiduciary standard, as being “right”—at the moment.
All laws and values are conditional upon space, time, and exposure. Times change and laws change, usually slowly.
It appears from my speculative motive of the market that the economy will turn around. Give it a rest Patrick! Put in and allow a temporary stay of previous assessments for 2-5 yrs—then have an true independent AGENCY do the assessments.
I think if you follow this route, you will find that your assessments will rise and be in balance with the “market force,“ which is of and directed by “the people” too! 
THE GANG OF THIEVES CALLED THE SUPERVISORS AND THEIR SHYSTER LAWYER ARE THE ONES THAT NEED A LITTLE SANCTIONS INSTEAD OF SOMEONE THAT WAS TRYING TO0 PROTECT THE TAX PAYERS FROM THESE SHAKEDOWN PROS!!! LIKE THE DOUBLING OF DOG FEE TAXES? WHY NOT DOUBLING TAX FEES FOR COWS?? OOPS THAT RIGHT DAVID BYLER IS A FARMER??????? GUESS THATS THE NORM WITH THIS USLESS BUNCH!!!!
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