On October 10th, 2022, "The Monument Fund" scored a tactical history against the city of Charlottesville, which has been seeking to illegally melt down the General Robert Edward Lee statue that they removed last year.
Judge Peatross presided over that case that involving the "re-bidding" request that the Trevilian Station Battlefield Foundation and the Ratcliffe Foundation filed against the city of Charlottesville, for denying them the right to purchase a historical statue by donating the statue to the Jefferson School in Charlottesville.
Attorneys Scott Colt Puryear, Jock Yellot and Ralph Main, represented the plantiffs on four specific motions:
1) Plaintiff's partial "Summary Judgment Motion" (which if decided in Plaintiff's favor decides the main issue, whether the Monument law was violated).
2) the Defendants' Joint Motion for an Interlocutory Appeal, and two motions on discovery disputes.
3) Plaintiffs's Motion to Compel Interrogatory Answers and the Center's Opposition and Request for a Protective Order (trying to prevent plaintiffs from having direct access to the information on where the monument is).
4) Plaintiffs' Motion for a Bill of Particulars explaining the Center's "unclean hands" affirmative defense.
Attorney Miller, representing the city of Charlottesville, argued that the Stoney Case, an unpublished case ruler from the Virginia Supreme Court, is legally binding and keeps the plantiffs from having sufficient cause to litigate this case. Attorney Ralph Main argued that the Stoney Case is not legally binding, and Judge Peatross agreed, thus allowing the case to move forward to trial.
The trial has been set for 9:30AM, on February 1st, 2023, at the Charlottesville Circuit Court.
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