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Bomb shell suit filed in Richmond re NoVa Armory

TFred

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Most historic town in, Virginia, USA
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.”
 

SAvage410

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Falls Church, Virginia, USA
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.
 

user

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I plan to post PDF versions of the petition for appeal and my response on my website as soon as I can get around to the logistics (all the computers are separate for security reasons so it's a bit of a pain to move stuff from one to the other - in the early days, we called that, "sneaker-net"). I was pleasantly surprised by the turnout, and I think all the local folks with orange stickers was a surprise to the Board as well. One thing I thought was a bit of a kicker was Bernadette Brennan, one of the defendants in the civil conspiracy suit, basically arguing that girls aren't competent to learn to operate retail businesses.
 

user

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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.

Most of them already are defendants, there's still time to add more - that's why suit was filed against John Doe and Jane Doe as well as a bunch of other people.

This suit was filed in Richmond Circuit Court as an action at law - "TRO" is federal court language, and translates to "prohibitory injunction" in Virginia. But an injunction is an equitable remedy, not an action at law, and if we asked for that we'd (1) lose our right to a jury and (2) lose on that point anyway, probably, because you can't restrain people from talking, even if it's to keep them from talking in ways they'll have to pay for later (a bit of misapplication of the 1st Amendment, by my lights).

Oh, and I am the NoVa Armory attorney.

And by the way, have you noticed the lack of media coverage announcing the decision of the BZA sustaining the zoning administrator's decision to grant NoVa Armory its occupancy permit? No story in the Washington Pravda about how Bernadette Brennan was up there all alone castigating NoVa Armory and the office of zoning administration, and how absolutely everyone else spoke in support (almost all with GSL stickers, and a goodly number openly carrying). Why didn't Patricia Sullivan report on that for the Post, I wonder?
 
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davidmcbeth

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Jan 14, 2012
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earth's crust
Seems as if folks are interested in open meetings laws now. LOL

I tried listening to the mp3 but the sound volume was too low for my PC speakers to hear. I have seen this issue when I record ... I simply re-record it, playing it with HQ speakers at higher volume where a person with a PC can hear well.
 

user

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The Hon. Clarence N. Jenkins, Jr., Chief Judge, 13th Circuit of Va., has been assigned to this case. Unlike other jurisdictions where you have no idea what judge is going to be hearing a case from week to week (which can result in some whacky inconsistencies) Richmond Circuit Court assigns cases to be heard by a particular judge. So the judge we get on our earliest motions hearing will be the same judge presiding at trial.
 

HPmatt

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I liked listening to the audio - too bad the player couldn't go 1.5x. Everyday folks - most from Arlington/Rosslyn - got a Pickett's charge, Wheelgun Dan, Wm Barrett (Travis?), van Cleve seemed partial to Large guns, User addressed legal points, one of the speakers addressed the silliness of zoning staff checking status, validity and compliance w every town, state, federal permit, and the dummy Cmteman Smith's preference for state gun stores...

suppose the vote in favor keeping the COO was unanimous-chairwoman didn't announce results of the vote....


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user

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The vote was unanimous. And the stuff from two of the board members about how they didn't find that the appeal was frivolous was based on a failure to determine the facts of the case - no evidence was produced in favor of the appeal, no witness appeared, so the entire thing rested on legality. The appeal was, in fact, frivolous, because all of the factual bases upon which it rested were false. It was a fraud on the tribunal. What's funny is that I didn't realize that two of the people who signed the appeal are, in fact, lawyers, and told the board that "if an attorney had signed this document, he'd have been disbarred for fraud on the tribunal". It was so badly done that it never occurred to me that some of the people filing it (including the woman who spoke on behalf of all seven, whose voice you hear on the recording) were lawyers.
 

color of law

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The vote was unanimous. And the stuff from two of the board members about how they didn't find that the appeal was frivolous was based on a failure to determine the facts of the case - no evidence was produced in favor of the appeal, no witness appeared, so the entire thing rested on legality. The appeal was, in fact, frivolous, because all of the factual bases upon which it rested were false. It was a fraud on the tribunal. What's funny is that I didn't realize that two of the people who signed the appeal are, in fact, lawyers, and told the board that "if an attorney had signed this document, he'd have been disbarred for fraud on the tribunal". It was so badly done that it never occurred to me that some of the people filing it (including the woman who spoke on behalf of all seven, whose voice you hear on the recording) were lawyers.
No disrespect, but it proves that most attorneys are idiots.
 

HPmatt

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or lawyers not practicing, or practice in a different area of the law - too specialized now - my grandfather was a general attorney doing all sorts of interesting work in El Paso - railroads, mining companies, litigation, bankruptcy, politics, some international law - now all of that is to specific to know what to do in all...


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user

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Apparently, quite a while ago, in fact:

https://www.washingtonpost.com/loca...3a007c77bb4_story.html?utm_term=.9949eb530287

And a new law passed this year as a result, that will reduce the ability of those attacked to defend themselves:

https://www.arlnow.com/2017/03/07/d...it-helps-bring-va-bill-to-protect-protesters/

What's funny about that was that the suit wasn't primarily about protesting. It was a suit to stop people from conspiring to injure the business - it had nothing to do with free speech. Seven legislators committed malfeasance in office by using official government stationary to try to get the business' landlord to breach the lease agreement with NoVa Armory. In other words, they were using their official position as legislators to attempt to interfere with an existing contract, a tortious act, which, because it involved an attempt to injure an ongoing business, was also a criminal act. The new statute will have no effect on that kind of suit. The suit was dropped, by the way, because it appeared that the badguys had learned their lesson and had stopped trying to run the business out of town.
 
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