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According to the attorney, Grigsby lives in a residential subdivision where “any fool knows you can build homes...I’ve argued law in your court three times (on the NPEA issue) and once in the Supreme Court of Virginia,” Konick told Robertson. “It hasn’t gotten me very far so today I’m going to argue the facts.’’ And the facts, he maintained, are that James Grigsby must contend with "91 cars, over 300 people, tamberines. singing, wailing, kids screaming," a septic system overloaded by 28 times the capacity it was designed to handle and people streaming in and out of the campground's toilet facilities. “That’s what James Grigsby has to come home to,” Konick said.
The commonwealth attorney and zoning administrator drove by the campground, Konick noted, claiming that the two men don’t care. "They live in Sperryville...Who cares about James Grigsby or Mr. Pj;udhum or Norma Langbein? Apparently no one." he claimed.
Supreme Court Upheld
"The Supreme Court said there was nothing wrong with the restraining order and the restraining order said ‘No camp mefeting this year'," stated Konick, punctuating each word with a rap on the table. "What are people going to think of the law?" he asked, when on the next day. the counsel for NPEA is "in the judge's chambers and has been discussing the case" without opposing counsel being present.
"Now wait a minute," Judge Robertson interjected, noting that Lynn was in chambers to discuss only scheduling of the case, as the judge had with Konick on an earlier occasion. He stated his exception to the inference that the court “had compromised its judicial independence.”
Konick backed off from his implied allegation, denying that he was making any charges. He insisted, however, that Lynn’s request to change the restraining order deprived the order of any meaning. He told the court that Lynn had called him on Thursday and told him "you’d better get your little butt down here" if he had any objections to the proposed changes that Robertson later approved.
Questioning whether the restraining order was just "a scrap of paper”, Konick stated that he believed the court was going to achieve jurisdiction and reminded Robertson of the speech he made when appointed to the bench on providing justice under the law. Konick moved that the order as amended be vacated and the order approved by the Supreme Court reinstated.
Awesome Powers
Noting the "awesome" powers of the court to punish contempt, Robertson described the allegation as one of the most serious under Virginia law since the Code proscribes no limit on punishment that can be set by a jury. He stated absolutely that he wouldn't rule on the contempt charges until a hearing at a future date in order to give counsel time to prepare defense and himself an opportunity to
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