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Thread: Bomb shell suit filed in Richmond re NoVa Armory

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    Moderator / Administrator Grapeshot's Avatar
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    Bomb shell suit filed in Richmond re NoVa Armory

    NoVa Armory has been blatantly attacked, discredited, defamed, and accused of criminal acts by members of our legislature (on official stationery) and others. A suit has been filed to seek compensation (triple damages requested).

    Read the background thread here.


    This will make major ripples in the pond and I suspect more than a little puckering of nether regions. This is not a shot across their bow, that had already been done. This is a close range broadside from a Man O' War.

    I had heard that a civil suit might be filed and sure enough, when I searched the Richmond Circuit Court filings (available online now), there is was = City of Richmond Circuit Court, CL16001861-00
    https://rbfi.io/dl.php?key=/ZQca/BroadstonevDoeetal.pdf

    Save the above file in total or you can get your own copy from the Richmond Circuit Court - 17 pages at $0.50/page
    Last edited by Grapeshot; 04-25-2016 at 09:14 AM. Reason: fixed dropped verbiage
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    Activist Member Wolf_shadow's Avatar
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    Just read complaint in total. Wish I could be there for hearing, sounds like a good one.

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    This should be good.

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    Holy cow !!

    Quote Originally Posted by Grapeshot View Post
    NoVa Armory has been blatantly attacked, discredited, defamed, and accused of criminal acts by members of our legislature (on official stationery) and others. A suit has been filed to seek compensation (triple damages requested).

    Read the background thread here.


    This will make major ripples in the pond and I suspect more than a little puckering of nether regions. This is not a shot across their bow, that had already been done. This is a close range broadside from a Man O' War.

    I had heard that a civil suit might be filed and sure enough, when I searched the Richmond Circuit Court filings (available online now), there is was = City of Richmond Circuit Court, CL16001861-00
    https://rbfi.io/dl.php?key=/ZQca/BroadstonevDoeetal.pdf

    Save the above file in total or you can get your own copy from the Richmond Circuit Court - 17 pages at $0.50/page

    NOVA Armory is asking for a judgement against each of 64 defendants in the amount of $2,101,441.14 !!! ; plus legal costs. I hope they are successful in proving malfeasance, it appears cut and dried.

    Is there a good way to keep abreast of progress in this case?

    ~Whitney
    The problem with America is stupidity.
    I'm not saying there should be capital punishment for stupidity, but why don't we just take the safety labels off of everything and let the problem solve itself?

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    Quote Originally Posted by Whitney View Post
    NOVA Armory is asking for a judgement against each of 64 defendants in the amount of $2,101,441.14 !!! ; plus legal costs. I hope they are successful in proving malfeasance, it appears cut and dried.

    Is there a good way to keep abreast of progress in this case?

    ~Whitney
    stay tuned to this channel. also, case status information can be obtained here: Va. Sup. Ct. website - choose the "case information" tab on the menu on the left side of the screen.

    If only they'd stopped at mere expressions of opinion; Or if they'd stopped when asked, or when threatened with civil legal action... Much of the buzz this afternoon and evening has been about the defendants' right to free speech under the First Amendment - and ignoring the fact that the store isn't a governmental entity attempting to quell free speech, their defense of their actions is analogous to someone thinking that just because the Second Amendment recognizes his right to carry a gun, that he'd be justified in pulling it out and shooting someone just because he didn't like them. And the rhetoric they're using isn't special "anti-gun-shop" rhetoric - they figure anyone or anything they don't happen to like is evil and ought to be extinguished - so what if it were a shoe store run by black folks, Jews, Puerto-Ricans, or gays? And in fact, some of the rhetoric used in this case has expressed precisely this kind of fear, that people from the other side of the Anacostia River will be drawn to lilly-white Lyon Park on the metro to get illegal guns from this upscale gunshop. They think their notions of what they like and what they don't ought to rule other peoples' lives. Intolerance at its worst. These people are NOT "liberals".
    Last edited by user; 04-25-2016 at 10:12 PM.
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    Bomb shell suit filed in Richmond re NoVa Armory

    Pennzoil won a lot of money ($10 billion in 1985) from Texaco using that term 'Tortious Interference'...UTexas football is played on the atty Joe Jamail football field in Austin...
    Last edited by HPmatt; 04-25-2016 at 10:30 PM.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by HPmatt View Post
    Pennzoil won a lot of money ($10 billion in 1985) from Texaco using that term 'Tortious Interference'...UTexas football is played on the atty Joe Jamail football field in Austin...
    Shssssh - you'll scare the people who just want to protect the way they live in their neighborhood.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    These idiot legislators think that their speech and debate clause will save them --- ROFL !

    That will be a defense I'm certain of it. But it will fail. Its their only defense really.

    God Bless America and big mouth legislators !

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    Moderator / Administrator Grapeshot's Avatar
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    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member SAvage410's Avatar
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    I just checked the court website to see if there has been any progress on this. So far there is nothing to indicate any movement at all. Anyone care to comment, or are things under wraps at present?

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    This is exactly how to respond to the various commie mommies that attack us....ask them "are you saying that I [give name], are guilty of murder or attempted murder?" Then when the idiot mommie answers yes...file a lawsuit.

    All these mommies will go back into the woodwork .....

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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by SAvage410 View Post
    I just checked the court website to see if there has been any progress on this. So far there is nothing to indicate any movement at all. Anyone care to comment, or are things under wraps at present?
    Suspect that there is a lot going on in the background, but not available for public release.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by Grapeshot View Post
    Suspect that there is a lot going on in the background, but not available for public release.
    I would guess not ... maybe discovery is underway (likely). Won't see any of that unless a party wishes to file a notice with the court (I sometimes do this).

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    Quote Originally Posted by davidmcbeth View Post
    I would guess not ... maybe discovery is underway (likely). Won't see any of that unless a party wishes to file a notice with the court (I sometimes do this).
    Discovery most certainly is not underway. All that has happened is that the complaint has been filed. Next, it needs to be served on each of the defendants and each has the opportunity to respond to the complaint. The case detail doesn't show anyone as being served yet, nor any responses to the complaint. I don't know the exact time frames allowed for each, but the clock for responding to the suit starts when each defendant is properly served, and is often at least 21 days. As the suit was only filed on April 18, even if all defendants were served that day, they would have until at least this coming Monday to respond.

    There will also likely be some motions for limited discovery and/or subpoenas to identify the Doe defendants in order to serve them, but there's no record of that in the online system yet.
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    Once a complaint is filed, discovery can beeegin. But its just at the beginning stages.

    It can take years and years and years .... if ya want true justice, going to the gov't isn't going to get you it.
    Last edited by davidmcbeth; 05-05-2016 at 02:15 PM.

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    Quote Originally Posted by davidmcbeth View Post
    Once a complaint is filed, discovery can beeegin. But its just at the beginning stages.

    It can take years and years and years .... if ya want true justice, going to the gov't isn't going to get you it.
    Discovery may be made upon the plaintiff after the case is commenced ("once a complaint is filed..." - and then the party issuing discovery waives service of process, so that never happens), but only upon any other party after service of process upon that party. Discovery is often limited by a scheduling order, and has to be completed usually by thirty days prior to trial. Cases lasting years and years are very unusual, though they do happen; generally in cases involving very complex litigation or where access to the court is very limited (I had a case recently in which every judge in the circuit had recused himself, and the substitute judge appointed by the Va. Sup. Ct. had health problems).
    Last edited by user; 05-10-2016 at 10:41 AM.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by user View Post
    --snipped--(I had a case recently in which every judge in the circuit had recused himself, and the substitute judge appointed by the Va. Sup. Ct. had health problems).
    How convenient...for somebody.

    Resolution?
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Regular Member SAvage410's Avatar
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    In what PVC characterized as a "stealth" move, there is a hearing tonight (2016-05-11) at the Arlington Department of Community Planning, Housing, and Development to attempt to close down the store by having the store's Certificate of Occupancy revoked or modified in some fashion. For those interested in attending, the hearing will be held at 19:00 hours. The address is:

    2100 Clarendon Blvd.
    3rd Floor Board of Supervisor's room
    Arlington, VA

    The word "stealth" was used since no government official bothered to notify either NOVA Armory or their landlord of the meeting.

    Hope to see some of you there.

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    Regular Member HPmatt's Avatar
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    Quote Originally Posted by SAvage410 View Post
    In what PVC characterized as a "stealth" move, there is a hearing tonight (2016-05-11) at the Arlington Department of Community Planning, Housing, and Development to attempt to close down the store by having the store's Certificate of Occupancy revoked or modified in some fashion. For those interested in attending, the hearing will be held at 19:00 hours. The address is:

    2100 Clarendon Blvd.
    3rd Floor Board of Supervisor's room
    Arlington, VA

    The word "stealth" was used since no government official bothered to notify either NOVA Armory or their landlord of the meeting.

    Hope to see some of you there.
    I would hope the NOVA attorney would go before the Judge and amend their lawsuit to add names of the individuals leading this Department to their lawsuit, as well as perhaps a TRO to boot.
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    Quote Originally Posted by SAvage410 View Post
    [ ... ]The word "stealth" was used since no government official bothered to notify either NOVA Armory or their landlord of the meeting.[ ... ]
    There is no Open Meetings Law notice requirement?
    Virginia Open Meetings Law

    The Virginia Open Meetings Law legislates the method by which public meetings are conducted. The law states that a meeting is any gathering, whether in person or through the use of electronic communication, of at least three members of a public body or a quorum if it is less than three members whether or not a vote is taken. The gathering of public employees, chance or social gatherings, and public forums or debates are all exempt from the law. If violated, the court may assess fines between $250-$1,000 for the first offense.
    Open Meetings Law Va. CodeSecs. 2.2-3707 - 3712
    Closed: Terrorism activities precautions; some personnel matters, attorney consultations, real estate matters, student disciplinary matters, etc.
    § 2.2-3707. Meetings to be public; notice of meetings; recordings; minutes.
    Bills amending this Section
    A. All meetings of public bodies shall be open, except as provided in §§ 2.2-3707.01 and 2.2-3711.
    [ ... ]
    D. Notice, reasonable under the circumstance, of special or emergency meetings shall be given contemporaneously with the notice provided members of the public body conducting the meeting.
    Last edited by Nightmare; 05-11-2016 at 05:43 PM.
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    Activist Member Wolf_shadow's Avatar
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    Quote Originally Posted by Nightmare View Post
    There is no Open Meetings Law notice requirement?

    § 2.2-3707. Meetings to be public; notice of meetings; recordings; minutes.
    Bills amending this Section
    A. All meetings of public bodies shall be open, except as provided in §§ 2.2-3707.01 and 2.2-3711.
    [ ... ]
    D. Notice, reasonable under the circumstance, of special or emergency meetings shall be given contemporaneously with the notice provided members of the public body conducting the meeting.
    Except that paragraph C requires notification of all public bodies which would include Zoning Board

    § 2.2-3707. Meetings to be public; notice of meetings; recordings; minutes.

    C. Every public body shall give notice of the date, time, and location of its meetings by placing
    the notice in a prominent public location at which notices are regularly posted and in the office
    of the clerk of the public body, or in the case of a public body that has no clerk, in the office of
    the chief administrator.
    All state public bodies subject to the provisions of this chapter shall also
    post notice of their meetings on their websites and on the electronic calendar maintained by the
    Virginia Information Technologies Agency commonly known as the Commonwealth Calendar.
    Publication of meeting notices by electronic means by other public bodies shall be encouraged.
    The notice shall be posted at least three working days prior to the meeting. Notices for meetings
    of state public bodies on which there is at least one member appointed by the Governor shall
    state whether or not public comment will be received at the meeting and, if so, the approximate
    point during the meeting when public comment will be received.

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    Last edited by Wolf_shadow; 05-11-2016 at 05:57 PM.
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    Regular Member TFred's Avatar
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    I'm not saying they were good to not notify the business, they absolutely should have.

    However, if you read the complaint, and the response from the county staff, it is clear that none of it even remotely qualifies for serious consideration.

    If the staff made the case that they didn't notify because they didn't want to waste their time, that would not be the right answer, but I would probably believe the claim.

    TFred

    From a recent VA-ALERT notice:

    In a report to the BZA, Arlington’s Acting Zoning Administrator, Arlova Vonhm, recommends denying the appeal and upholding Nova Armory’s Certificate of Occupancy at 2300 N. Pershing Drive. Vonhm addressed each of the challenges made by the residents:

    • Appeal: In a media interview, Dennis Pratte said his 16-year-old daughter was the store’s owner, and thus he erroneously listed himself as the owner on the application.
    Staff position: “Mr. Pratte has clarified in subsequent media interviews that he is training his daughter to take over the business, but that he remains the principal on all leases, permits, and legal documents.”

    • Appeal: The description of the store as a “retail” location is false because Nova Armory’s website describes “wholesale pricing.”
    Staff position: “While the applicant’s website advertises wholesale pricing, this appears to be an advertisement of advantageous pricing to retail consumers, rather than a statement of intention to engage in wholesale trade.”

    • Appeal: The store is called NOVA Armory, but the business name was listed as Broadstone Security, LLC on the application.
    Staff position: “The Zoning Ordinance does not prohibit the use of fictitious trade names, which is a common practice for retail businesses.”

    • Appeal: The Zoning Administrator who issued the Certificate of Occupancy “did not research whether or not the applicant was a valid holder of a Federal Firearms License.”
    Staff position: “Given that the Zoning Administrator does not have the authority to enforce state or federal laws and regulations, the Zoning Office does not as a matter of general practice verify required compliance with state or federal licensure requirements for firearms store or any other type of business.”

    • Appeal: The Certificate of Occupancy “should be revoked due to an inaccurate record of ownership of the premises.”
    Staff position: “Property owner information was not material to the review of the proposed land use or the issuance of the permit to authorize said land use on the subject property, therefore it would not be a valid reason for the Zoning Administrator to revoke it.”

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    Regular Member SAvage410's Avatar
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    First, the hearing room was packed, with the vast majority of attendees prominently sporting one or more of VCDL's bright orange "Guns Save Lives" stickers. I did not do an official head count, but I believe that we had well in excess of 75 people in support of the store, including Philip Van Cleave. Only one person spoke for the antis and raised a number of points that I thought were frivolous (they sell Tannerite! It's a HAZARDOUS MATERIAL!!! or they claim to be a retail shop but claim to give wholesale pricing [as does every car dealer I've ever dealt with], or Dennis Pratte is a "straw owner" for his daughter, a 16 y/o minor who cannot enter into contracts or hold an FFL, or THEY DID NOT FILE FOR THEIR FFL UNTIL AFTER THEY ALREADY HAD THE CERTIFICATE OF OCCUPANCY!!!!). All of these issues had been addressed in the staff's report to the appeals board, but the presentation rehashed them anyway.

    I stopped counting after more than 15 people spoke on behalf of NOVA Armory, nearly all of whom denied that the complainants spoke for them in any form or fashion. Some of the speakers invited the folks pressing the appeal to pack up and find living quarters more amenable to their vision of how a community should be organized.

    In the end the board voted to deny the appeal, but not until after some distressing personal comments from various members had been entered into the record. For example, one member stated that while he found the protests ultimately unmeritorious, he did not find them frivolous, thus revealing a lack of knowledge about firearms in general and gun stores in particular [Tannerite in particular not being a hazardous material, among other things]. Another board member expressed his thoughts that while he, personally, thought that guns should be sold only by state stores as is liquor here in VA [wait ... what??????], he had no choice but to vote to deny the appeal, etc. etc.

    It was a long slog - the hearing was very near the end of the meeting, so we had to sit through more than two hours of hearings about use permits, variances to allow setbacks less than called for by zoning regs, etc. (we even had one guy complain because the board was approving too many variances. All well and good that they required trees to be replaced if any destroyed by renovations, but what about the carbon foot print of larger houses? What about lost turf? What about EARTHWORMS??? [no, I am not making that up]).

    Still NOVA Armory prevailed, and that's a good thing.

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    That's good to hear.

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    Moderator / Administrator Grapeshot's Avatar
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    They're upset because the worm turned - now that is funny.
    You will not rise to the occasion; you will fall back on your level of training.” Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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