Sunday, August 23, 2009

Petition Law Suit Now in Supreme Court

FOR IMMEDIATE RELEASE

PALMYRA VA August 24, 2009, The Virginia Supreme Court received the official Appeal of the April 21 Order of the State Corporation Commission which established the James River Water Authority. This Appeal was due by law within four months of the Order date and was filed on Friday, August 21, 2009 by Douglas Johnson.

Mr. Sherman L. McLaughlin, Jr., Senior Bailiff of the State Corporation Commission, stated on August 20, 2009 that: "The record on appeal from the State Corporation Commission's Order issuing a Certificate of Incorporation to James River Water Authority will be forwarded to the Supreme Court of Virginia Today or Tomorrow."

This Appeal to the Supreme Court is in addition to the action still ongoing with the State Corporation Commission. The Hearing Examiner has recommended that the case be dismissed. Johnson filed an Objection to that recommendation on Saturday, August 22, 2009. That Objection includes copies of the Appeal to the Supreme Court and the
Amended Complaint for Declaratory Judgement and is available on line at
FluvannaBlog.com along with all of the filings with the State Corporation Commission.

The Fluvanna Circuit Court had a Hearing on Friday, July 31, 2009 on Declaratory Judgement action to determine the validity of the Citizen Petitions. The Court ruled that the documentation was not sufficiently detailed to be acted on and gave 21 days for it to be amended. The Amended Complaint for Declaratory Judgement was filed by Johnson on Friday, August 21, 2009 with the Fluvanna Circuit Court.

All three legal actions started with a simple filing by 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 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.

On April 15, 2009, Douglas Johnson hand delivered a full copy of the "second petition" to the Fluvanna Circuit Court in the afternoon and Leroy McCampbell hand delivered a full copy of that same "second petition" to the Fluvanna Board of Supervisors at the beginning of its meeting that same evening.

At that April 15, 2009 meeting, the Board voted four to two to reject the petitions and then voted four to two to form the James River Water Authority.

Leroy McCampbell and a group of citizens engaged counsel to challenge the Board's action in Court. The Board refused to agree to let the Court decide and ran to the State Corporation Commission in an effort to flee the jurisdiction of the Court.

With about $30,000.00 in legal costs to the citizens, the funds ran out and the lawyers were put on "hold". Doug Johnson is the sole citizen now pursuing the matter in court and is acting without an attorney.

Mr. Johnson is not an attorney and therefore, by law, he can only represent himself. He still is, however, representative of the 2,200 signers of the petitions.

The law requires ten percent of Fluvanna's 16,860 voters to put the issue on the ballot. The Fluvanna County Administrator Delivered a written report to the Board at that April 15, 2009 meeting that the first petition had 1,822 valid signatures. The County Registrar Certified that the second petition met the ten percent requirement.

Virginia law is quite clear that official documents cannot be rejected for mere technicalities. It seems obvious that the Board knows that it cannot win in Court on the merits of the case as it is concentrating on procedural and technical defenses.

Tuesday, August 11, 2009

Doug Johnson supports Feda Kidd Morton for VA 5th District Congressional Seat

Doug Johnson from Fluvanna County is pleased to support Feda Kidd Morton for Congress in Virginia's Fifth District.

"I have know Feda for ten years now and am fully confident in her integrity and ability" Doug said.

Feda Kidd Morton, a career educator and long-time grassroots activist in the Republican Party of Virginia, announced Friday that she is entering the race for the 5th District seat currently held by Democrat Tom Perriello.

“Since Virgil Goode announced that he would not seek the Republican nomination in 2010, I have been overwhelmed with calls and e-mails encouraging me to consider this race,” said Morton. “I have therefore decided that I will be a candidate for the Republican nomination for the 5th District, and I will file the necessary paperwork to begin a campaign for Congress with the Federal Election Commission.”

Morton said her decision to run was based on “my fear that our great nation is dangerously off on the wrong track. Government is growing — and personal liberty is shrinking — at an alarming rate under the Democrats in Washington. We must rein in government power and government spending, or else the great America of our parents’ and grandparents’ day will be gone before our children and grandchildren can inherit it.”

Morton said her campaign for Congress against Democrat Perriello would be “...a respectful campaign that will focus on the honest differences regarding issues, our values and our beliefs.

“I respect the fact that Tom Perriello is willing to stand up for what he believes in,” said Morton, “but his votes simply aren’t in line with the values of the 5th District. The 5th is one of the most conservative districts in the commonwealth, if not the entire country. A true representative of our values simply would not be supporting the Obama/Pelosi agenda as strongly and as often as does Tom Perriello.”

Morton also said she hoped her candidacy might help the Republican Party return to its conservative vision.

“As Republicans, we must return to a message of limited government. We need to be the party of both lower taxes and less spending. We need to be the party of more individual liberty while encouraging more personal responsibility. We need to be the party that proudly proclaims the words of our Virginia Republican Creed: ‘We believe ... that faith in God, as recognized by our founding fathers, is essential to the moral fiber of the nation’.”

Morton said she is excited by the leadership team her campaign is currently building, and she will announce that team at a formal campaign kickoff shortly after Labor Day.

Morton grew up in Buckingham County, where she graduated with honors from Buckingham County High School and was MVP on her high school basketball team. She received her bachelor’s degree in biology from Longwood College in 1975, graduating cum laude while playing four years of college basketball.

She continued her education at the University of Virginia, earning her master of education degree in motor learning and sports medicine. She recently earned her administrative and supervision endorsement PreK-12.

She is employed by the Fluvanna County School System where she teaches regular biology, honors biology and advanced placement biology.

Morton coached Fluvanna County High School to back-to-back state championships in 1981 and 1982 in girls’ basketball and a state title in track and field in 1981.

Morton has a unique perspective on education and school choice issues. In addition to teaching in public schools for almost 20 years, she taught and coached at Open Door Christian School for eight years and home schooled her children for almost nine years.

In 1989 Morton was the co-founder and partner of a successful construction company. She kept the books and paid the bills.

“I understand fiscal responsibility and understand that budgets have to be balanced at all levels from home to Washington,” said Morton.

In 1991 Morton was appointed to the Fluvanna County School Board and served four years, where she earned a Certificate of Excellence from the Virginia School Boards Association for her active involvement and participation. She later ran for school board in 2002, beating a strong incumbent.

As a member of Virginia School Board Association, she was elected to serve as secretary of the VSBS Central Region. Morton was re-elected in 2005 but resigned in 2006 to return to teaching at Fluvanna County High School.

She has been very active in her community, serving as a member of the Fluvanna County Health Advisory Committee (1992-95), Fluvanna Arts Council Advisory Board (1993-95), Local Health Benefits Advisory Board (appointed by Gov. Gov. George Allen, 1994-97), vice-regent, Daughters of the American Revolution, Point of Fork Chapter (1998-2009), and the Fluvanna County Advisory Board for Parks and Recreation (2001-2005).

Morton has served as chairman of the Fluvanna Republican Committee (1995-2005) and is a past 5th District representative on the Republican Party of Virginia’s State Central Committee. She is known throughout the 5th District as a leader in grassroots conservative activism.

Morton has five children and two grandchildren. Her daughter, Erin Johnson, lives in Louisa County with her husband, Phillip, and sons Wesley and Wyatt.

Her three oldest sons Timothy, Daniel and David Kidd are attending Virginia Tech in the fall as a senior, sophomore and freshman, respectively. All three have Army ROTC scholarships and are members of the Corps of Cadets.

Morton’s youngest son, Joseph Kidd, is a rising sophomore at Fork Union Military Academy.

She is married to Don T. Morton, who is a retired fire chief from the Virginia Department of Forestry and a life member of the Virginia Fire Chiefs Association.