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O'Connell is the secretary for the town Architectural Review Board; Lynch is a member of the Washington Tbwn Council.
Konick sought the documents to see if three or more town officials gathered at the Inn to discuss the Worley case in violation of the Virginia Freedom of Information Act. That law prohibits a gathering of three or more officials to discuss official business unless there is public notice.
Konick argued that his clients were informed that on a number of occasions while their application was pending before the town's boards, "a number of members” of the Town Council and the ARB, "including some of its most vocal opponents" were patrons of the Inn "before and or after a number of ARB and/or Town Council meetings, and received food, drinks, desserts or other fare free of charge."
In papers filed before the court Konick acknowledged "a question exists whether this information is true" and if so whether it could be "evidence of malice or bad faith on the part of those public officials, if any, involved in such conduct."
At one point during the hearing, Judge Parker looked at Konick and said that the town officials "have every right in the world to meet and talk about football or farming. ..."
Konick replied, "I agree they can talk about football. . .my information is they talked about this case."
The judge sat back with a frown on his face, holding his eyeglasses in his hands.
"All I am saying," Konick said, "is if they were there, and
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