MEDIA RELEASE
FOR IMMEDIATE RELEASE
CONTACT:
Francis Chester, Esq.
(540) 337-7270 office
Decision of Judge Victor Ludwig in Augusta County vs Francis Chester, et al.
Sanction merely a political distraction from issue of inconsistent county assessments
Churchville, VA
Tuesday, January 5, 2010
On December 31, 2009, Churchville attorney Francis Chester received in the mail a copy of Judge Victor Ludwig's decision regarding the sanctions requested by Augusta County attorney Pat Morgan in the case Francis Chester, et al. v. David R. Beyeler, et al. and Francis Chester, et al. v. Wanda Jean Shrewsbury, Commissioner of Revenue. Augusta County asked the court to impose sanctions against Mr. Chester for bringing a lawsuit against the county government on behalf of 10,500 citizens to roll back 2009 real estate assessments to 2005 values.
The sanction is based solely on the technical mechanics of the legal approach pursued by Mr. Chester, and does not speak to the underlying and fundamental issue of fairness in the county's assessment process. In the sanction letter, Judge Ludwig referred to Mr. Chester as a "Robin Hood" (see page 10 of decision letter) and imposed a $2,000 fine against Mr. Chester.
The comparison of Mr. Chester to Robin Hood may be accurate, as Mr. Chester has been a defender of the elderly on fixed incomes, single parent families trying to make ends meet, and recently laid-off employees in their fight against aberrant and arbitrary real estate assessments and subsequent tax increases. Robin Hood, according to legend, was known for his honorable resistance to abusive government taxes, a brave hero who was a figurehead of justice, and a kind protector of the oppressed fighting against harsh taxes imposed on the poor. Like Robin Hood, Mr. Chester is standing up against unjust tax assessments imposed on the citizens of Augusta County.
Mr. Chester represents over 10,500 Augusta County residents and is not going to let these sanctions divert him from the reassessment case. The Judge's sanction was based on legal technicalities unrelated to the county reassessment and Mr. Chester asks the judge to reconsider. The sanction has no affect on Mr. Chester's ability to practice law.
Mr. Chester intends to pursue the reassessment case like a bulldog to ensure justice for his clients.
UPDATE as of 4:30 p.m. Jan. 5: When receiving this press release, Francis Chester also informed me that he has asked the judge to recuse himself from this case and others that will be argued before the judge. Mr. Chester stated that he has contacted his clients with pending cases before Victor Ludwig and asked if they would like "a new lawyer or a new judge." His clients asked for a new judge.
One such case pending before Judge Victor Ludwig is not only the reassessment case but also the "Rocket Boy" versus Augusta County case.
1 comment:
I'm assuming that this guy is a political gadfly?
In every case I've ever known, judges don't hand out punitive sanctions lightly. Let's see what these "technical mechanics of the legal approach pursued by Mr. Chester" were and if they truly were deserving of sanctions.
I'd love to see the entire decision from the judge before I decide if Chester's letter is just a spin job.
Bruce Hedrick
SouthsideCentral.com
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