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relevant to a contempt proceeding.
Possible Damages
If the NPEA continues in violation of the court's restraining order. Robertson noted that damages may be assessed against the Association at a later date. He maintained that "a day of accountability” will come and that “it really doesn’t matter if that day of accountability is today or a day in the future."
Konick pointed out the option for summary punishment.
"Only up to $50 fine or ten days in jail.” Robertson replied.
Konick countered that he didn't care if the fine was $1 or $10.—"I want adjudication today!”
Lynn added his request for a hearing date at sometime in the future on the contempt charges.
"I object ^ery strenuously.” Konick interjected. reminding Robertson of his offer on Thursday to make himself available to hear charges of contempt on the restraining order. He questioned Lynn's contention that the opposing attorney wasn't prepared for the contempt hearing, claiming that the NPEA's counsel left Robertson’s chambers on Thursday and called his clients to tell them to go ahead with the camp meeting. "Now. they're trying to get out of any punishment...This court has been maneuvered into the position where its own restraining order has been torn up," Konick charged.
If that's the case. Robertson replied, then summary punishment is definitedly inadequate and the contempt hearing should be set over so that punishment can be determined by a jury of Rappahannock residents.
Konick told the judge that his clients have to contend with the disturbances caused by the camp meeting while Robertson and Lynn lived in Warrenton. far away from the NPEA grounds. “I think my clients are entitled to be heard and entitled to be heard today." he insisted.
"I don't see how contempt proceedings today will help your clients...If people are willing to disregard the orders of this court, what protection do your clients expect to obtain?” the judge asked.
“That's a good question,” Konick replied, adding that the court will have to decide "what is the law.” Some people, he said, think of the law as the flashing red light in a rear view window while others see it as "the right to have their property protected against deprivation without due cause."
Konick told Robertson that his client. James Grigsby, was born and raised within one mile of his house across the street from the NPEA campground site. According to the attorney, Grigsby worked hard and long to buy ten acres and build a home with help from his family and brothers. He gets up at 4 a.m., drives two hours to work, returns at 5 p.m. after another two hour trip and then goes out on side jobs, Konick said. "Not because he wants to,..He's trying to earn enough to keep what he's got.”
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