Thompson v. Fugate

Misc. No. 808 (4th Cir. July 7, 1971)

District court injunction expanded to prevent any move to acquire title to "Tuckahoe Plantation" by state Highway Commissioner in connection with construction of proposed highway across portion of land. Court finds chance of irreparable injury to plaintiff, minimal potential risk to defendant, and substantial possibility that plaintiff will ultimately prevail crucial to result reached.

Council for Plaintiff:
Robert P. Stranahan
Wilmer, Cutler & Pickering
900 17th Street, N.W.
Washington, D.C. 20006
(202) 296-8800

Hunton, Williams, Powell & Gibson
700 East Main St.
Richmond, Virginia 23212
(703) 643-0141

Council for Defendant:
Anthony F. Troy Asst. Attorney General
Supreme Court Bldg.
Richmond, Va.
(703) 770-2071

[1 ELR 20370]

ORDER OF JULY 7, 1971

Butzner, C.J.

Upon consideration of the application for an injunction pending appeal filed by William T. Thompson, III, and others, the response of Douglas B. Fugate, Commissioner, Virginia Highway Commission, and the argument of counsel;

It appearing to the court:

1. The appellants will suffer irreparable harm if their property is condemned pending appeal;

2. The appellees, Douglas B. Fugate, Commissioner, Virginia Highway Commission, and John A. Volpe, Secretary of Transportation, will suffer minimal damages if the status quo is maintained pending appeal;

3. The case raises difficult and novel questions of law, for which there is apparently no precise precedent, and the likelihood of the appellants ultimately prevailing is substantial.

Whereupon, it is adjudged and ordered that Douglas B. Fugate, Commissioner, Virginia Highway Commission, his successors, officers, agents, employees and attorneys, and those persons in active concert or participation with them, who receive actual notice of this order by personal service or otherwise, are enjoined, pending disposition of this appeal, from filing a certificate in lieu of payment or petition for condemnation in any court, or otherwise commencing any action to acquire any portion of the real property owned by the appellants known as Tuckahoe Plantation, located in Goochland and Henrico Counties, Virginia.

This injunction shall not take effect until the appellants, or someone for them, file a bond in the amount of $250 for the payment of such costs and damages as may be incurred by any party who if found to have been wrongfully enjoined or restrained.

Let the clerk send copies of this order to counsel of record.