Pay up and hopefully shut up

Augusta County Circuit Court Judge Victor Ludwig ruled that Francis Chester neither did his homework nor followed the Code of Virginia in his suit against Augusta County's 2009 real estate reassessments. In short, he filed a frivolous lawsuit. The judge ordered Chester to pay a $2,000 sanction, writing in his opinion,

...the purpose of the court in imposing sanctions is not to 'silence' an attorney who pleads a poor case. It is to attempt to ensure that he pleads a better one next time.

Back in October I watched Mr. Chester stumble and bumble in court and tossed in my 2¢ by urging that he be fined. Judge Ludwig made the right decision and imposed a very reasonable fine. Of course, Chester's buddy, swacgirl, who once compared him to Thomas Jefferson, is POed.

The only part of the judge's decision with which I disagree is hope that a sanction will ensure Chester will actually plead a better case next time. Dreaming the impossible dream.

Will he ever just go away?

Yesterday, Francis Chester got his day in court. And he'll get another sometime after mid November. Perfect timing for this turkey.

You can read accounts in the News Leader or the News Virginian for background on the cases which Chester filed against the Commissioner of the Revenue and the Board of Supervisors. But, media reports miss much of this "drama" that continues playing out not only in the Augusta County Circuit Court, but also among right wing teabaggers and bloggers.

About two dozen spectators endured bad acoustics and an inadequate sound system trying to hear the judge, lawyers, and witnesses discuss the issue of sanctions against Chester who had a little band of supporters and piled his "petitions" high on the table in front of him. Most others in the courtroom were from the county government or the news media. Two members of the Board of Supervisors - Wendell Coleman and Nancy Sorrells - were there. On a beautiful fall afternoon, there had to be better activities than sitting on hard seats in a majestic but gloomy courtroom.

A few random observations:

Chester's attacks on Commissioner Shrewsbury were mostly hollow attempts to question her and her employees' salaries and the amount of time they spent researching his demands. He made cracks about computing average salaries in his head while she used a calculator, but it was hard to discern his point on that or anything else. I guess he's trying to reduce the amount of any sanction, but beyond that, it is hard to see any coherent strategy by the "country lawyer."

At one point the attorney representing the county requested a five minute recess. He promptly left with the County Administrator, the Commissioner of the Revenue, and others to discuss strategy. Mr. Chester was left sitting until he and Lynn Mitchell, aka swacgirl, slipped out the backdoor. Guess that constitutes his brain trust. I awaited a hard hitting defense when the trial resumed. I was to be disappointed.

Chester had asked the judge for a "nonsuit" to withdraw his original cases as a way to dodge sanctions. Judge Victor Ludwig would have none of that since doing so would place a time limit on the county's sanction case. The judge ordered the county to file a written brief in 30 days with Chester's response two weeks later. He noted a number of issues he wanted argued in the briefs including the Virginia Code that deals with sanctions against lawyers who file frivolous lawsuits and several legal precedents. For example, shouldn't Mr. Chester have been aware that Virginia does not permit class action suits and that Boards of Supervisors have immunity.

After the judge finished outlining the relevant Code sections and case law to address in the briefs, Mr. Chester requested that the judge again give him the citations. Before patiently doing so, Judge Ludwig admonished him saying, "Those are cases you should have known before you walked in the door, Mr. Chester."

Chester brought this litigation as part of a broader political campaign against the reassessment. To him, suing raised his credibility in the eyes of his supporters and gave him more fodder to fire up the crowd. But, judges rightfully bristle at anyone's attempt to use the courts in this way, especially when there is no sound basis in the law. For that reason, the court should sanction Chester to deter him (and other lawyers) from wasting the court's time and to pay the county back for some of the costs incurred in meeting all his irrational demands.

Like most states, Virginia law holds that frivolous litigation occurs when a competent attorney knows or should know the claim has no merit and little chance of success. So, Mr. Chester may have some creative arguments up his sleeve that can convince the judge that sanctions should not apply to him. But, I'm not holding my breath.

Reassessment furor ends in a whisper

The hue and cry about reassessments in Augusta County apparently ended with barely a whisper last night when the Board of Supervisors voted 7-0 to lower the tax rate to 48¢. It had been 58¢ since the 1980s. In passing the $72 million budget that is almost 5% less than last year's, supervisors reduced spending in some areas, gave no raises, and eliminated or froze 18 positions in the various offices including some affecting public safety.

Even with the increase in assessed values, with the cut in the tax rate many of the county's homeowners will see a decrease in their real estate tax. On the home front, my taxes will drop about $80 per year in spite of the improvements we've made and a (deserved) higher assessment. Many farmers with pasture and cornfields in land use will also enjoy a reduction on that part of their real estate tax. 

All that's left is for the Circuit Court judge to dismiss the groundless lawsuit brought by perpetual gadfly Francis Chester and send him back to his sheep. One good outcome of all the publicity was getting that hypocrite to pay back taxes. But, from where I roost, he and his cohorts owe residents an apology for fanning the flames of fear and division with his rants and misinformation.

Assessing reassessments III

I've had a couple of earlier posts - Assessing reassessments and Assessing reassessments II - where I commented on the numbers, the dollars, and the politics of the controversial reassessments in Augusta County. At this point, Mr. Chester's lawsuit is awaiting trial unless the judge dismisses it - which will be the likely outcome. Chester is clueless and the suit groundless. Of course, he's taken his services to the people of Page County to aid them in their tax battles. All I can say, Page people beware.

Back in Augusta County, the Board of Supervisors is poised to approve a 48¢ tax rate, a decrease from the current 58¢ rate that has been in effect since the 1980s. That is less than revenue neutral! A couple months ago a rowdy and rude mob - that's really not too strong a term - filled a public hearing to bash the supervisors. The other night only two people spoke up on the tax rate cut. Hum!

So, what will that mean? Well, some taxpayers, me included, will see a modest increase because of the new higher assessed value. But, let me emphasize modest. And my property is assessed a bit lower than a recent appraisal that was done for a refinance. I've heard from about a couple dozen homeowners who have "enjoyed" a similar epiphany. 

Many farmers who have their property in land use taxation will actually see their taxes decrease significantly. Why - because agricultural and forestry lands are taxed on the land use value rather than the assessed value. Land use didn't change. Good for them -  perhaps that will help preserve our farmland and open spaces.

Meanwhile, up the road in Harrisonburg, assessments are up 7.7%. Hey, weren't Augusta's up 28% or something like that? Yep, but this is apples and oranges... and figs, and grapes, and raspberries. How so?

Well, first of all Harrisonburg reassesses annually while Augusta is on a 4-year cycle. In short, Harrisonburg saw these increases in a year when the real estate market melted down! Most of the Augusta increases occurred in the first three years. Other differences - Harrisonburg's increases were driven by commercial property while the biggest uproar in Augusta was over agricultural land of which there is little in the city; some in Augusta never fully understood the land use part of the equation. The increases for homes in Harrisonburg generally ranged between 1% and 5%, but again that was in one year (a down year at that), not four.

So, even considering the apples and oranges and the figs and grapes... it seems to me that Augusta's reassessments were pretty much in line with actual values. Were there mistakes - sure; many of them. Remember this is a mass assessment for which the county paid about $15 per parcel - in short, it is a drive-by assessment. There was an appeals process (nearly everyone I've talked to who availed themselves of this opportunity got some relief) and there is an ongoing Board of Equalization.

What about raspberries? The raspberries are for the rude and mean-spirited #^$%*@&! who shouted at and badgered the supervisors. The most rotten raspberries are reserved for the self-serving Francis Chester and all who encouraged this demeaning of our government by the people for their own narrow purposes.