Fluvanna Petition Moves to Supreme Court

PALMYRA VA May 7, Notice has been officially served on the State Corporation Commission (SCC) that their action in issuing a Certificate of Incorporation to the James River Water Authority (JRWA) is being appealed to the Virginia Supreme Court.

Doug Johnson explains "While it is a little complicated, there are just two simple parts. If the petitions were valid, the formation of the James River Authority is not. The Circuit Court is deciding whether the petitions are proper or not. Once the Circuit Court decides, then the Supreme Court voids the Certificate the James River Water Authority."

This all started with simple filing by Doug Johnson, with the Fluvanna Circuit Court, of the Petitions circulated between March 24, 2009 and April 15, 2009.

This was actually the second batch of Petitions circulated in the county requesting a referendum asking: "Shall Fluvanna County join Louisa County in the formation of a Joint Water Authority".

The photo shown is petition circulator, Adrian Miller, holding copies of both batches of petitions. Each hand holds over 2,100 signatures on over 100 pages.

The first batch was submitted to the Fluvanna Board of Supervisors at the March 18, 2009 Public Hearing by Leroy McCampbell. The Board adjourned the action part of the Public Hearing until April 15, 2009, pending a review of the petitions, after County Attorney Fred Payne had advised the Board that the Petition form should have first been approved by the Fluvanna Circuit Court.

The Following day, March 19, 2009, Mr. Johnson filed the petition form with the Court as per Mr. Payne's comment to the board. The Court officially accepted the petition form on March 24, 2009.

While Mr. Johnson considered that approval of the Court to be correcting Mr. Payne's perceived problem with that first batch of petitions, others, acting on legal advise, took the opportunity of the adjournment to April 15, 2009 to circulate a second batch of petitions.

So at the April 15, 2009 Board of Supervisors evening meeting, two separate batches of petitions were submitted where each separately fulfilled the legal requirements to force the referendum.

"Many of the petition signers gave one reason for signing as really being annoyed about not having any say in the one hundred million dollar Domino school construction plan", said Johnson. Adding: "Our citizens want a vote before we spend another cent of our children's and grandchildren's income."

All this legal action became necessary when the Fluvanna Board of Supervisors, in a 4 to 2 decision, tried to circumvent the upcoming May 15, 2009 hearing by filing with the SCC.

But SCC actions are not final unless the time for appeal expires without a challenge. That challenge has now been made. So the formation of the JRWA is not the done deal we have been led to believe.

If either of the two Petitions are accepted at the May 15, 2009 Fluvanna Circuit Court Hearing, that will make the filing with SCC unlawful. That then becomes clear evidence to justify the Supreme Court voiding the charter of the JRWA.

While Mr. Johnson started his activities pro se, he will be accepting legal help as funds become available. Leroy McCampbell, treasure of the Fluvanna Taxpayers Association, is accepting donations intended for legal activities related to getting the referendum. Mr. McCampbell can be contacted at 589-1599. Mr. Johnson can be reached at 286-6982.