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The MadRapp Recorder
Former Flint Hill Fire Company members taking their case to Virginia Court of Appeals
By Chuck Jackson, Editor,
2024-03-28
He made his threat to appeal a Rappahannock County Circuit Court decision regarding the former administrative, line officers, and life members of Flint Hill Volunteer Fire Company by Twentieth Judicial Circuit Chief Judge Douglas L. Fleming Jr. a reality. Washington Attorney David L. Konick filed an expedited hearing and decision motion with the Virginia State Court of Appeals on Wednesday. Judge Fleming ruled June 16, 2023 that the appellants case against the county board of supervisors (BOS), the county BOS-appointed directors and fire chief, and the fire company itself had failed. “He said Konick’s motion “lacked common sense.” The supervisors enacted a new resolution on January 4, 2024 extending the January 26 (2023) Resolution that set the new board of directors in motion for another year since the original resolution would have expired January 25, 2024. That led Konick and Company to filed a motion to take judicial notice on February 7 – the legal document stating the former members intent to take Judge Fleming’s decision to state court. “In anticipation of [the court of appeals] reversing the trial court’s erroneous decision in the pending case, and in order to preserve their rights going forward, appellants also filed a new case in the circuit court of Rappahannock County, styled “Foreback et al. vs. Board of Supervisors, et al., Case No. 24-000020, in which they challenge the lawfulness of the January 4th 2024 Resolution, the lawfulness of various actions of the individual appellees in this case since January 2023 involving violations of the Freedom of Information Act and the Corporation’s bylaws, and again seek a judicial determination of whether or not the appellees were lawfully “re-appointed”. Konick notified the respondents’ attorneys on Monday of Wednesday’s motion, sending each a draft.
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