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 Market Street (formerly Lee and Emancipation) or Court Square (formerly Jackson and Justice) 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 They contain accounts of recent events as well as excerpts from historical documents, including deeds, city council minutes, and personal correspondence.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

Docket Files Date Filed Download
Opinion by Justice S. Bernard Goodwyn PDF
Brief of Appellee The Monument Fund Inc. PDF
Brief on Standing and Relief Available for Appellees Individual Plaintiffs and Virginia Division, Sons of Confederate Veterans, Inc. PDF
Brief of the Commonwealth of Virginia As Amicus Curiae in Support of Appellants PDF
Opening Brief of Appellants PDF
Certificate of Appeal PDF
Brief in Opposition to Petition for Appeal PDF
City Defendants' Response to Plaintiffs' Verified Motion for Partial Dissolution of Permanent Injunction PDF
Points and Authorities Supporting Plaintiffs' Verified Motion for Partial Dissolution of Permanent Injunction PDF
Petition for Appeal PDF
Plaintiffs' Verified Motion for Partial Dissolution of Permanent Injunction PDF
Notice of Appeal PDF
Final Order PDF
Ruling on Attorney's Fees and Costs Argued September 13, 2019 PDF
Order: Case Status PDF
Order: Declaratory Judgment PDF
Order: Damages PDF
Order: Equal Protection PDF
Order: Permanent Injunction PDF
Order PDF
Letter Ruling on Motion for Summary Judgment on Statutory Immunity PDF
Letter Ruling on Motion for Partial Summary Judgment Regarding the Statues Being Monuments or Memorials PDF
Plaintiff's Opposition to Defendants' Motion for Summary Judgment on Statutory Grounds PDF
Individual Council Defedants' Motion for Summary Judgment on Statutory Immunity Grounds - Brief in Support PDF
Defendant's Brief in Opposition to Plaintiff's Motions for Partial Summary Judgment and to Strike Equal Protection Affirmative Defense PDF
Plaintiff's Motion to Strike Equal Protection Affirmative Defense PDF
Plaintiff's Motion for Partial Summary Judgment PDF
Brief in Support of Motion for Reconsideration of Denial of Legislative Immunity PDF
Plaintiff's Memorandum of Law Regarding Reconsideration of Denial of Legislative Immunity and Legislative Privilege PDF
Defendant's Response to Motion to Determine Sufficiency of Answers and Objections PDF
Defendant's Opposition to Plaintiff's Pretrial Conference Motions PDF
Motion for Protective Order Staying the Depositions of A. Michael Signer, Wesley Bellamy, Kathleen Galvin, and Kristin Szakos PDF
Plaintiff's Deposition Notice: City of Charlottesville and City Council PDF
Plaintiff's Motion for a View PDF
Motion for Reconsideration of Denial of Legislative Immunity PDF
Motion for Reconsideration of the Court's Denial of Legislative Immunity PDF
Brief in Support of Motion for Reconsideration of Denial of Legislative Immunity PDF
Plaintiff's Motion to Determine Sufficiency of Answers and Objections PDF
Notice of Appearance of William O'Reilly PDF
Ruling on Immunity and Revisiting Damages Issue PDF
Plaintiff's Motion to Amend Complaint and Second Amended Complaint PDF
Motion for a Protective Order PDF
Plaintiff's Brief in Opposition to Plea in Bar PDF
Plaintiff's Brief on Revisiting a Demurrer Ruling PDF
Order 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