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pleading states: . . [Payments under the 1979 leases ceased in 1986 when the 1979 leases were superseded by the 1985 lease when the gymnasium was substantially completed.”
In many cases the most recent pleading disputes figures preferred by Wakefield-Marshall in the $14 million suit. She claims, for example, that 14 percent of the old Wakefield student body stayed at Huntly and formed part of Wakefield CDS’s enrollment, not 10 percent, the figure used by Wakefield-Marshall.
She disputes Wakefield-Marshall in other ways several times, making the argument that many of the allegations charged in the $14 million suit are a matter of opinion and open to interpretation.
She charges that Wakefield-Marshall does not have “any right to claim any history before incorporation,” and puts forward Wakefield CDS as “the educational heir to the traditional Wakefield School.”
She says that Wakefield-Marshall “is seeking to suppress legitimate competition and is attempting to trade on the educational reputation and achievements built under the leadership of the Lynn family when the current board of directors does not subscribe to the educational practices and leadership which led to these benefits.”
Near the end of the 30-page document, Mrs. Lynn states that “the critical factual and legal allegations are without foundation and (she) seeks attorney’s fees and sanctions under Virginia Code Section 8.01271.1.”
In the other document filed by Mr. Logie last week, the demurrers and special pleas to amended bill of complaint, Mrs. Lynn, among other things, says the statute of limitations and the non-claim statute denies Wakefield-Marshall a claim to Bill Lynn’s insurance policies.
Several of the 10 counts in the $14 million suit have no cause of action stated, according to the demurrers and special pleas.
Also, it states: “The damages complained of in counts one through 10 were caused by acts of the corporation and not acts of the defendants.”
Wakefield CDS attorney David Konick, a Rock Mills resident, also filed a response to the $14 million suit last week, demurrers and a motion to dismiss.
First, he argues, the 70-page document violates a rule of the Supreme Court of Virginia that encourages brevity in pleadings.
The amended bill violates the spirit of Judge Thomas Horne’s Dec. 12 ruling allowing it, Konick writes, and the Amended Bill “fails to state any cause of action against Wakefield [CDS] upon which any legal or equitable relief can be granted.”
“The amended bill of complaint is multifarious in that it improperly joins entirely distinct and independent causes of action” against the Lynns, the school and Bill Lynn’s estate.
On the issue of confusion between the two schools’ names, he argues: “. . ,[T]he name Wakefield is the geographical name of the magisterial district in Rappahannock County, Va., in which Wakefield Country Day School is located and complaintant may not, as a matter of law, acquire any exclusive right to use the name Wakefield as a trade name or service mark.” He also says the decision of the State Corporation Commission is “a final and non-appealable action.”
Counts five, six, eight, nine and 10 of the $14 million suit, argues Konick, “do not even purport to assert any claim or causes of action against defendant Wakefield Country Day School Inc.”
He asks that the amended bill be dismissed in its entirety, or, in the alternative, as to Wakefield CDS. r
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