Shenandoah Court Tosses School Renovation Financing Suit
Posted: February 2, 2013
WOODSTOCK — Shenandoah County Circuit Court Judge Dennis L. Hupp dismissed a lawsuit Thursday challenging the validity of bonds used to finance the renovation of the old Edinburg School on grounds that the suit was not filed in time.
The lawsuit was the second filed by Toms Brook resident Mark Prince to appear in circuit court in the last four months.
On Sept. 31, a suit in which Prince sought to halt construction of the Rappahannock-Shenandoah-Warren Regional Jail on grounds of a faulty bond sale also was dismissed by Hupp.
On Thursday, Hupp never heard arguments debating the financing of the renovation project designed to turn a vacant former schoolhouse into a learning center for autistic and emotionally disabled children.
He first addressed a plea filed by J. Jay Litten, attorney for Shenandoah County alleging that Prince missed the 30-day statute of limitations to challenge a resolution. The initial resolution approving the sale of the bonds occurred Oct. 9, said Litten. Prince didn’t file his suit until Nov. 28.
“It is plain that Mr. Prince has missed the 30-day window and he’s missed it badly,” Litten told the court.
Prince argued that he should be able to proceed because he was unaware of the initial resolution, believing that the second document approved by the Board of Supervisors on Oct. 23, was the only one. He alleged that County Administrator Doug Walker deliberately sent him only the second document.
In response, Litten said Prince’s request on Oct. 31 was for the resolution just voted on regarding the Edinburg School.
“[Prince’s] argument is that the administrator should have read his mind rather than his request,” said Litten, who also pointed out that the Oct. 23 resolution refers to the Oct. 9 resolution on the second page.
Hupp sided with the county, saying he would have read the request the same way that Walker did. He did not, however, grant Litten’s request to make Prince pay for court costs.
“When [a person] files suits that are not viable, and this one is clearly not viable, there should be some recompense for taxpayers,” Litten said.
But Hupp said that he would not require sanctions because he did not hear the arguments pertaining to the actual lawsuit, just those for the plea.
In his suit, Prince argued that the bonds approved by the board and sold by the Virginia Resources Authority were issued incorrectly. Referencing the Virginia Constitution, he said that a vote by residents should have been required before approving the bonds.
The renovation of the Edinburg School, estimated to cost $4.5 million, is under way.
Contact Kaitlin Mayhew at 574-6290 or kmayhew@dnronline.com
The lawsuit was the second filed by Toms Brook resident Mark Prince to appear in circuit court in the last four months.
On Sept. 31, a suit in which Prince sought to halt construction of the Rappahannock-Shenandoah-Warren Regional Jail on grounds of a faulty bond sale also was dismissed by Hupp.
On Thursday, Hupp never heard arguments debating the financing of the renovation project designed to turn a vacant former schoolhouse into a learning center for autistic and emotionally disabled children.
He first addressed a plea filed by J. Jay Litten, attorney for Shenandoah County alleging that Prince missed the 30-day statute of limitations to challenge a resolution. The initial resolution approving the sale of the bonds occurred Oct. 9, said Litten. Prince didn’t file his suit until Nov. 28.
“It is plain that Mr. Prince has missed the 30-day window and he’s missed it badly,” Litten told the court.
Prince argued that he should be able to proceed because he was unaware of the initial resolution, believing that the second document approved by the Board of Supervisors on Oct. 23, was the only one. He alleged that County Administrator Doug Walker deliberately sent him only the second document.
In response, Litten said Prince’s request on Oct. 31 was for the resolution just voted on regarding the Edinburg School.
“[Prince’s] argument is that the administrator should have read his mind rather than his request,” said Litten, who also pointed out that the Oct. 23 resolution refers to the Oct. 9 resolution on the second page.
Hupp sided with the county, saying he would have read the request the same way that Walker did. He did not, however, grant Litten’s request to make Prince pay for court costs.
“When [a person] files suits that are not viable, and this one is clearly not viable, there should be some recompense for taxpayers,” Litten said.
But Hupp said that he would not require sanctions because he did not hear the arguments pertaining to the actual lawsuit, just those for the plea.
In his suit, Prince argued that the bonds approved by the board and sold by the Virginia Resources Authority were issued incorrectly. Referencing the Virginia Constitution, he said that a vote by residents should have been required before approving the bonds.
The renovation of the Edinburg School, estimated to cost $4.5 million, is under way.
Contact Kaitlin Mayhew at 574-6290 or kmayhew@dnronline.com