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By MARK SCOLFORO
Rappahannock Newt Staff Writer
Circuit Court Judge Thomas D. Horne will decide who owns the buildings and grounds of Wakefield School following a hearing that starts in Leesburg at 1 p. m. Aug. 20.
The “suit to quiet title,” which will determine whether Clydetta Lynn or the Educo Trust owns the property, has been moved up on the docket so that the issue can be decided before the start of the coming academic year.
A series of conference calls between Judge Home and the various lawyers in the case resulted in the new schedule. The suit to quiet title will be decided before the other lawsuits and issues in the case are heard in court, and the result of the suit to quiet title will probably have bearing on the other disputed elements of the controversy.
Clydetta Lynn signed a deed of gift of the school’s buildings and land over to the Educo Trust two years ago, a deed that was never recorded by the trust’s officers, Warrenton lawyers William Bassett and Robert Miller. Clydetta Lynn attempted to evict the school and retract the gift in May after her daughter-in-law, school cofounder Pamela Lynn, announced her plans to start a new school on the same site.
The court will have to decide if that deed of gift constitutes actual conveyance of the property, or if three conditions (an IRS tax opinion on the transfer, the banks’ approval and county rezoning) were prerequisites to the actual gift.
Judge Home issued a temporary injunction against the eviction during the last week' in June, an injunction that would have expired Aug. 15. However, with the suit to quiet title now set for Aug. 20, attorneys on both sides have agreed to extend the injunction until then, according to Sperryville lawyer David Konick, who represents William A. Beeton Jr., named in one of the several lawsuits the dispute has spawned.
Mr. Konick was set to argue on Wednesday morning, July 31, in Leesburg, that Mr. Beeton should be taken off the suit to quiet title. That hearing was scheduled after press deadlines.
Between now and Aug. 20 the various parties in the suit to quiet title are scheduled for depositions in lawyers’ offices. Clydetta Lynn’s deposition was to take place July 30.
Other issues include a charge of criminal conspiracy against Mr. Beeton and Clydetta and Pamela Lynn leveled s: by tha, .Wakefield Board of Directors, a request by ttoe board that the judge prohibit the three fromlnterfering with teacher and parent contracts and a $1 million libel suit filed against Pamela Lynn by Mr. Miller.
She allegedly used the term “grand larceny” in reference to Miller’s actions on behalf of the school during a meeting of the Wakefield Parents’ Association meeting in May.
Also this week, Konick confirmed that the board has made the combined monthly payment of approximately $9,000 to Clydetta Lynn and to the banks holding notes secured by the Lynns.
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