by Douglas R. Johnson
July 20, 2009
The validity of the Citizen Petition for Referendum on Fluvanna Joint Water Authority is the subject of today's filing with the State Corporation Commission by Petitioner Douglas Johnson. Up until now, the whole thrust of the legal action was strictly on procedural matters.
Fluvanna County Attorney, Fred Payne, made two points which may very well bring this matter to a quick end with the citizen finally getting the right to vote on the formation of the Joint Water Authority.
The first point Mr. Payne made is that the same action cannot be in two different Courts with the same parties. Mr. Johnson has used that point to demonstrate that the fact that the State Corporation Commission is a Court of Record on relatively equal footing with the Fluvanna Circuit Court make the filing with the Commission could not be valid with the action already started in the Fluvanna Circuit Court.
The second point Mr. Payne made is that the James River Water Authority was formed under the Virginia Water and Waste Authority Act and not under the Virginia Nonstock Corporation Act. This is very significant because the result is that the opinion of the Clerk of the Commission published June 30, 2009 was erroneous in that it relied on the wrong law.
This basically puts the procedural behind us. We now need to move to the actual merits of the case, namely, were the petitions valid or not. No one disputes the fact that if the petitions were valid, then the filing with the Commission "did not conform to law".
The details of the case for the validity of the petitions can be seen on www.FluvannaBlog.com where all the filings made with the State Corporation Commission are posted.
Monday, July 20, 2009
Wednesday, July 15, 2009
All SCC Filings Completed for James River Water Authority
The following is right off of the State Corporation Commission website:
What this means is that the James River Water Autority (JRWA) will be disolved to a point that as if it never existed.
Of course, none of the respondnts want that and they have been fighting tooth and nail since the case was established on May 1, 2009.
The most significant challenge was made by the Clerk of the Commission who bought into the idea that the JRWA was formed under the Virginia Nonstock Corporation Act.
But that challenge seems to have been overcome as it is an accepted fact that the JRWA was formed under the Virginia Water and Waste Water Act.
So what is still standing is my Motion for Summary Judgement that is based on the concept that the underlining issue of the citizen petition for a referendum was already pending in the Fluvanna Circuit Court.
If my motion is granted, the issue will be decided in Fluvanna Circuit Court. If not, then everything will play out in Richmond.
See the final filing, as of noon on July 15, 2009 at:
Case Summary For Case Number : CLK-2009-00012
Wednesday, July 15, 2009 2:31:14 PM
Case Name: Douglas R Johnson, Petitioner
Caption: Douglas R. Johnson, Petitioner v. Fluvanna County Board of Supervisors, Louisa County Board of Supervisors, and James River Water Authority - For authority to deem Certificate of Authority void ab initio and for Injunctive Relief
What this means is that the James River Water Autority (JRWA) will be disolved to a point that as if it never existed.
Of course, none of the respondnts want that and they have been fighting tooth and nail since the case was established on May 1, 2009.
The most significant challenge was made by the Clerk of the Commission who bought into the idea that the JRWA was formed under the Virginia Nonstock Corporation Act.
But that challenge seems to have been overcome as it is an accepted fact that the JRWA was formed under the Virginia Water and Waste Water Act.
So what is still standing is my Motion for Summary Judgement that is based on the concept that the underlining issue of the citizen petition for a referendum was already pending in the Fluvanna Circuit Court.
If my motion is granted, the issue will be decided in Fluvanna Circuit Court. If not, then everything will play out in Richmond.
See the final filing, as of noon on July 15, 2009 at:
www.FluvannaBlog.com
Tuesday, July 14, 2009
Fluvanna Joint Water Authority Challenge Heating Up
Today all three Respondents to Doug Johnson's Challenge have submitted their Responses to Johnson's Motion for Summary Judgement.
All filings are easily found at FluvannaBlog.com with the most recent at the top.
It is particularly interesting to note that the Fluvanna Board of Supervisors agrees that the law relied on by the Clerk of the Commission's Motion to Dismiss does not apply. That stunning admission is on page 6 of its filing of July 13, 2009.
Johnson anticipates filing a response shortly.
All filings are easily found at FluvannaBlog.com with the most recent at the top.
It is particularly interesting to note that the Fluvanna Board of Supervisors agrees that the law relied on by the Clerk of the Commission's Motion to Dismiss does not apply. That stunning admission is on page 6 of its filing of July 13, 2009.
Johnson anticipates filing a response shortly.
Sunday, July 12, 2009
SCC Considering Fluvanna Referendum Petition
The State Corporation Commission is considering the voiding of the charter of the James River Water Authority. Douglas Johnson started the action on April 24, 2009 as a pro se litigant, acting without an attorney.
The full history of all filings is on the website, FluvannaBlog.com.
The full history of all filings is on the website, FluvannaBlog.com.
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