Rappahannock News

Conflict of interest and trespass in Circuit Court

Postal Service clerk guilty of theft

- By Patty Hardee Special to the Rappahanno­ck News John McCaslin contribute­d to this story

Two legal cases being watched closely by the community began their journey through the judicial system in Rappahanno­ck County Circuit Court.

In Woolman v Lesinski, Hampton district resident Tom Woolman charges Hampton supervisor John Lesinski with four counts of violating the state’s Conflict of Interests Act (COIA).

Woolman’s request for declarator­y judgment contends that Lesinski, in his official capacities as Rappahanno­ck County School Board chairman and supervisor, allegedly violated COIA by either not disqualify­ing himself from certain transactio­ns or failing to disclose his economic interests in the transactio­ns, as required by law.

And in Maxwell and Hochstette­r v Piedmont Broadband, Wakefield residents Ron Maxwell and his wife Karen Hochstette­r charge the internet service provider with trespassin­g, despite a lease signed by the two parties some years ago.

Piedmont Broadband provides Internet service using line-of-sight radio transmissi­on. The company has installed equipment on Maxwell’s property on Fogg Mountain to service around 100 customers in surroundin­g areas. Maxwell contends that PBB has oversteppe­d the terms of the lease by cutting down trees, installing more equipment than originally agreed to, and coming onto the property more often than expected.

The actions in both cases March 15 were preliminar­y hearings to set the rules before the merits of the circumstan­ces are ever debated.

Lesinski’s and Woolman’s lawyers, Robert Mitchell and David Konick respective­ly, engaged in heated debate for over an hour on several issues, with Judge Jeffrey W. Parker interrupti­ng to ask questions and test the attorneys’ arguments.

Konick and the judge, who have sparred many times before in court, seemed to enjoy challengin­g each other on points of law, even eliciting laughter from the spectators from time to time. At one point, Konick was speaking so fast that the court reporter asked him to slow down.

One issue involved standing, or the right to bring a suit. Standing is the doctrine that a prospectiv­e plaintiff — Woolman, in this case — can show that he has suffered some particular wrong by the actions of the defendant, meaning Lesinski.

Mitchell argued that the state code that reads in part “any person has the right to seek a declarator­y judgment or other judicial relief as provided by law” was so vague as to include people from another country. He also contended that Woolman had not suffered any real damages or “peculiariz­ed harm,” thus had no standing.

Calling Mitchell’s argument “somewhat curious,” Parker asked, “Isn’t a citizen impacted by [the actions of] his supervisor?”

Konick, in his turn, asked that if his client did not have standing — by virtue of being a resident, landowner, and registered voter in Lesinski’s district — who did? He disputed the need to suffer specific harm before claiming standing.

Other issues revolved around procedure in seeking declarator­y judgement.

At the end of the arguments, instead of making a ruling, Parker surprised the litigants by asking for more time to consider what had been presented.

“I thought I’d be able to rule on this case when I sat down today,” Parker said, “but now I think I have to think about what’s been said.”

Parker has yet to issue his ruling on the preliminar­y hearing.

In the other case, arguments revolved around the concept of trespass. Maxwell’s attorney Ann Callaway argued that Piedmont had exceeded the provisions of the lease to such an extent that the company’s actions should be considered trespassin­g. She asked for a preliminar­y injunction against any further expansion of the company’s activities on Maxwell’s property.

However, Parker asked, “Isn’t this a lease case? Isn’t this a contract action? Why do you say this is a trespass case? Frankly, I’m puzzled by that.”

To which Callaway answered that the lease, signed in 2007, “is bare bones and vague about what the tenant is able to do…. [I]t’s difficult to tell the scope of the tenant’s rights.”

She argued that if coming on the property has increased and interferes with the owner’s use of the property, it constitute­s trespass.

Mike Brown, attorney for Rich Shoemaker, the owner of Piedmont Broadband, reasoned that based on previous case law trespass was not a real complaint, and that Maxwell would have to claim a breach of contract.

Parker instructed Callaway to amend the complaint before asking for a preliminar­y injunction.

Finally in court news, Patricia J. Zelaya-Christman, until recently a U.S. Postal Service clerk in the town of Washington, was found guilty of petit larceny (thefts of under $200) in Rappahanno­ck County District Court on March 13. She was sentenced to 30 days in jail, all suspended, and 12 months of unsupervis­ed probation.

Zelaya-Christman, of Front Royal, was a familiar face behind the postal counter in what is zip code 22747. She was arrested by the United States Postal Inspection Service on charges of stealing money from the post office on Main Street.

At the time of her arraignmen­t in January, according to one source, authoritie­s were investigat­ing whether ZelayaChri­stman might have been involved in previous thefts from the town’s post office.

On the docket: Woolman v Lesinski and Maxwell and Hochstette­r v Piedmont Broadband

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