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By MARK SCOLFORO
Rappahannock New* Staff Writer
LEESBURG—A hearing that was supposed to be a preview of the upcoming Wakefield-vs.-Wakefield lawsuit turned out to be anti-climactic last Wednesday, as the presiding judge said he needed more time to read and digest the latest paperwork filed by parties in the suit.
But a few new developments did result from the 1 Vi-hour hearing in front of Circuit Court Judge Thomas Horne in Leesburg, including his ruling that future hearings will take place in the Rappahannock Courthouse, where the suit was filed.
Wakefield School-Marshall has sued its co-founder, Pamela Lynn, its former landlord, Clydetta Lynn, and its successor at its former building in Huntly, Wakefield Country Day School-Huntly, for $14 million in papers filed about three weeks ago. Although the suit dates back to the summer of 1991, the recentlyfiled “amended bill of complaint” greatly expanded the suit in a 70page document. Pamela Lynn has responded in a 30-page pleading, and Wakefield CDS-Huntly is expected to file its response within days.
The size and scope of the latest filings served to delay the alreadypostponed litigation even further last week.
Judge Horne opened the hearing by rhetorically asking lawyers for Wakefield School-Marshall and Pamela Lynn, “Did you expect the court would be able to read and digest all of this paperwork?”
Rock Mills resident and Wakefield CDS-Huntly attorney David Konick arrived shortly after the start of the Leesburg hearing to inform the court he will be acting as the school’s counsel.
He said, “I want to make it very clear my client has the very strongest objections to being dragged into this suit at this time. ”
Although he said he hoped Judge Home would rule against bringing Wakefield CDS-Huntly into the suit, no such decision was made during the Wednesday hearing.
“It is a gross miscarriage of justice to allow my client to be dragged into it,” said Mr. Konick, a Wakefield CDS-Huntly parent who was active in the formation of the new institution.
“If there is a claim against [Wakefield CDS-Huntly], it doesn’t belong in this case, ” he said.
He asked that the school be dismissed from the case, but before the judge ruled or responded to that motion, Mr. Konick said, “I might add, your honor, we’d like to defend it in Rappahannock County, Virginia.”
The judge said he “forced no one in this case to have hearings” in Leesburg, and offered to end the Wednesday hearing immediately and transfer the venue to Washington, Va. at a future date. He emphasized to Mr. Konick that the hearings had been held in Loudoun as a convenience to the various attorneys involved—not to him. “You’re the first person who’s ever raised an objection,” he said to Mr. Konick.
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