Payne v. City of Charlottesville

The current legal case considers the actions of the Charlottesville City Council. On February 6, 2017, the City Council voted to remove the statue of Robert E. Lee. In response, numerous plaintiffs filed a lawsuit to prevent any changes to either Emancipation (formerly Lee) or Justice (formerly Jackson) Parks. On September 5, 2017, the City Council voted to remove the Jackson statue as well. More documents will be added as the case continues.

These docket files below are full-text searchable. They contain accounts of recent events as well as excerpts from historical documents, including deeds, city council minutes, and personal correspondence.

Case Information

      Court: Charlottesville Circuit Court - Civil Division
      Case Number: CL17-145
      Plaintiffs:
      • Frederick W. Payne
      • John Bosley Yellott, Jr.
      • Edward D. Tayloe, II
      • Betty Jane Franklin Phillips
      • Edward Bergen Fry
      • Virginia C. Amiss
      • Stefanie Marshall
      • Charles L. Weber, Jr.
      • Lloyd Thomas Smith, Jr.
      • Virginia Division, Sons of Confederate Veterans, Inc.
      • Anthony M. Griffin
      • Britton Franklin Earnest, Sr.
      • The Monument Fund, Inc.
      Defendants:
      • City of Charlottesville, Virginia
      • Charlottesville City Council
      • Atri Michael Signer
      • Wesley Jomont Bellamy
      • Robert Francis Fenwick, Jr.
      • Kristin Layng Szakos
      • Kathleen Mary Galvin
      Docket Files Date Filed Download
      Ruling on Immunity and Revisiting Damages Issue PDF
      Ruling on Temporary Injunction as to Coverings PDF
      Motion for Bill of Particulars PDF
      Motion to Strike Duplicate Defenses PDF
      Plaintiff's Brief in Opposition to Demurrer to Amended Complaint PDF
      Brief in Support of Defendants' Demurrer to the Amended Complaint PDF
      Reply to Plaintiff's Memo Filed in Court on Feb. 5, 2018 PDF
      Plaintiff's Memo: Legislative privilege does not shield prohibited acts PDF
      Order PDF
      Answer to Amended Complaint PDF
      Order PDF
      Order PDF
      Motion for Leave to Amend Request for Relief in Motion to Enforce Injunctive Relief and to Further and Enlarge Existing Injunction PDF
      Amended Request for Relief PDF
      Motion to Enforce Injunctive Relief and to Further and Enlarge Existing Injunction PDF
      Plea in Bar PDF
      Demurrer to Plaintiff's Amended Complaint PDF
      Order Extending Temporary Injunction PDF
      Amended Complaint PDF
      Order PDF
      Ruling on Demurrer (letter ruling) PDF
      Motion for Extension of Temporary Injunctions and Notice of Hearing on Motion PDF
      Plaintiff's Memo: August 2017 Attorney General Opinion PDF
      Supplemental Reply in Brief in Support of Defendants' Demurrer PDF
      Report-Removal of Robert E. Lee Statue, Charlottesville, Virginia-Partial Transcription of Meeting (August 21, 2017) PDF
      Reply Brief in Support of Defendants' Demurrer PDF
      Plaintiff's Brief: Demurrer PDF
      Plaintiff's Response to Motion of SURJ Action for Leave to File Amicus Curiae Brief PDF
      Showing Up For Racial Justice Action, Inc.'s Motion For Leave to File Brief Amicus Curiae PDF
      Showing Up for Racial Justice Action, Inc.'s Amicus Curiae Brief in Support of Defendants' Demurrer to the Complaint PDF
      Temporary Injunction Order PDF
      Excerpts of Proceedings Before the Honorable Richard E. Moore, Judge PDF
      Plaintiff's Brief: Summum PDF
      Plaintiff's Brief: Virginia's Veterans Monument Protection Law and the Dillon Rule PDF
      Memorandum in Opposition to the Motion for a Temporary Injunction PDF
      Plaintiff's Brief: The Danville Case is Inapposite PDF
      Plaintiff's Brief: Standing PDF
      Plaintiff's Brief: Grounds for Temporary Injunction PDF
      Answer to Plaintiff's Motion for Temporary Injunction PDF
      Demurrer to the Complaint PDF
      Complaint PDF