County seeks dismissal of lawsuit

STAUNTON — Augusta County wants attorney Francis Chester’s reassessment lawsuit thrown out of circuit court, and is asking that the attorney be sanctioned for bringing the complaint.

The sanctions motion against Chester requests, but is not limited to, the paying of attorney’s fees and expenses related to the suit.

“The good government officials would like to punish me for representing the people,” Chester said Tuesday. “The people have a right to file a grievance against the government.”

Chester filed the suit three weeks ago, asking the circuit court to set aside the 2009 reassessment as a class action remedy for 10,466 county property owners he represents.

Chester said that the work of the company performing the assessment, Blue Ridge Mass Appraisal, was “extremely flawed.”

Chester also charged a conflict of interest because Blue Ridge owner David Hickey owns property in Augusta County and said Blue Ridge received preferential treatment in receiving the contract.

In his motion to dismiss, Augusta County Attorney Patrick Morgan offers 23 different reasons why the case should be dropped, including that class action suits are not allowed under Virginia law.

Morgan also cites several Virginia Code statutes pointing to reassessment appeals as remedies rather than a lawsuit.

And the county attorney provides a copy of an opinion offered to Dinwiddie County last month. In the opinion, Virginia Attorney General Bill Mims says boards of supervisors have no power to change assessments.

Mims said Virginia law allows the local government to appoint a real estate assessor or a board of assessors.

“I must conclude that a county board of supervisors is without statutory authority to prevent the completion of an initiated general reassessment based on such board’s disagreement with the assessment results,” Mims said.

Chester said Mims’ opinion is merely advisory.

Morgan also said that none of the supervisors nor Augusta County Commissioner of the Revenue Jean Shrewsbury were served with copies of the complaint against them, as is required when a writ of mandamus is being sought.

In the motion for sanctions against Chester, Morgan argues that Chester is asking the board of supervisors to perform acts they have no legal authority to perform.

Morgan said that Chester should know class action lawsuits are not allowed in Virginia and a filing of a writ of mandamus is inappropriate.

Morgan said the county received two letters from other appraisal companies interested in the Augusta County reassessment.

Wingate Appraisal Service stated that, because of other work, it could not make a proposal. Pearson’s Appraisal Service said it would have considered participating if the county extended the completion date.

Outside appraisers must appraise any property belonging to Blue Ridge employees, Morgan said.

An independent appraisal service reviewed all appraisals of Blue Ridge employees and their immediate families, Morgan said.

He said the Augusta County Board of Assessors had ultimate oversight of Blue Ridge’s work.

“The board of assessors was not bound by the appraisals performed by Blue Ridge,” Morgan said. “If the board of assessors felt that the appraisals of Blue Ridge employees and their family members were incorrect, they were free to set the assessments of those properties to what the board believed were their fair market values.”

The statute buttressing the county’s motion for sanctions against Chester sets a standard that the attorney is filing a suit grounded in fact, and is not intended to harass or annoy, said Tripp Franklin, incoming president of the Augusta Bar Association.

Franklin said if Chester violated the statute, the judge must award sanctions.

Chester said that when the case is heard in circuit court he will argue that his case is valid.

“The reassessment should be set aside,” he said. “It is a defective contract, and defective negotiations and in application.”

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