BY FRANK DELANO
A Westmoreland County circuit judge yesterday blocked the Colonial Beach School Board from expelling B. "Anne" Congdon as a member.
In issuing a writ of prohibition requested by Congdon against the School Board, Judge Joseph Ellis said the board lacked statutory authority to remove her and appoint a replacement. The board voted earlier this month to oust Congdon, claiming she no longer lives in the town.
"This court is not being asked today to decide on her residency. This court is being asked to rule on the School Board's decision to replace her," said Ellis.
Ellis ordered the board not to appoint a new member until the court rules that Congdon's current domicile in Northumberland County constituted a change in her Colonial Beach residency that would disqualify her from serving on the School Board.
"Somebody, some plaintiff, most likely the School Board, needs to file something for this court to determine if she's still a resident," Ellis said.
"I'm not sure what the School Board is going to do next," said acting Chairman Tim Trivett.
Trivett attended yesterday's hearing with board member Michael Looney.
Trivett, Looney and recently appointed member Wayne Kennedy voted Sept. 9 to declare Congdon's seat vacant and to advertise for candidates to replace her. The board had set Sept. 30 as its date to interview candidates and possibly select one.
Congdon has said that her home on Monroe Street was destroyed by fire in 2007 and is being rebuilt. She then moved to a rented house on Ninth Street, which Congdon said went into foreclosure this year.
Her mother, Emmy-award-winning actress Mary Fickett, bought a Northumberland County home in August. Congdon has said she is temporarily living with her mother until her Colonial Beach home is rebuilt.
Congdon, who said she prepared her application to the court without benefit of counsel, represented herself at yesterday's hearing. She sat alone at one table before the judge.
Trivett sat at another table with Richmond attorney Stacy Haney, who asked the court to dismiss the action against the School Board that Congdon filed last Friday.
Haney cited a Virginia law that says if a board member "shall cease to be a resident of such district or school division, his position on the school board shall be deemed vacant."
But that law "does not say a school board can remove a member," the judge said. "Show me the specific authority that empowers the school board to remove a member. Where's the authority for the school board to do it and not the circuit court?"
Haney was unable to answer Ellis' questions.
After the hearing, Congdon said, "Part of my concern in filing this action was, if I prevailed, my continuing presence on the School Board would be divisive. But that's not the case from my perspective. I can be an adult. It's up to the other members to be adults, too."
Trivett said he would have no further comment on the decision.
Frank Delano: 804/761-4300
Email: fpdelano@gmail.com