BREAKING: @MarkHerringVA filed a response to the Richmond City injunction blocking @GovernorVA from removing the Lee Monument.
There's a 51 page, flowery response full of history
And there's a 6 page MoD which argues the merits
Here's a thread on the 6 pager
@CourthouseNews
There's a 51 page, flowery response full of history
And there's a 6 page MoD which argues the merits
Here's a thread on the 6 pager
@CourthouseNews
The 1889 JR which honors the statue as a gift to the gov has no "independent legal obligation."
The 1890 deed has no "legally enforceable interest in the land"
The deed also lacks "express terms and clear implications" and even if it did there's no remedy under that interest.
The 1890 deed has no "legally enforceable interest in the land"
The deed also lacks "express terms and clear implications" and even if it did there's no remedy under that interest.
Also incredibly important: sovereign immunity!
The defendant is named as Gov, the 1890 deed names only the Gov as the agent for the commonwealth - and the complaint fails to name a statutory waiver that would overcome the state's right to... **SOVEREIGN IMMUNITY**
The defendant is named as Gov, the 1890 deed names only the Gov as the agent for the commonwealth - and the complaint fails to name a statutory waiver that would overcome the state's right to... **SOVEREIGN IMMUNITY**
It's nearly impossible to sue a state, and for the suit to survive it might show the state made a gross violation of state or federal laws - kind of like qualified immunity but grounded in #11A - it keeps the state from being sued willynilly.
There's also standing issues and a mess of other problems.
This entire lawsuit is based on 130 y/o documents.
If the judge decides to side with the "heir to a 130 y/o gift" then we've got bigger problems (as I type that I Admit its entirely possible)
This entire lawsuit is based on 130 y/o documents.
If the judge decides to side with the "heir to a 130 y/o gift" then we've got bigger problems (as I type that I Admit its entirely possible)
Thursday at 10 AM they'll have OAs on this case and I'll be there for @CourthouseNews so stay tuned.
