No. 21-1084

Janet Heltzel, et al. v. Glenn A. Youngkin, Governor of Virginia, et al.

Lower Court: Virginia
Docketed: 2022-02-07
Status: Denied
Type: Paid
Amici (1)Response Waived Experienced Counsel
Tags: contract-clause due-process executive-power monument monument-preservation property-rights public-opinion restrictive-covenant takings
Key Terms:
DueProcess Takings
Latest Conference: 2022-03-25
Question Presented (AI Summary)

Does the Obligation of Contracts Clause prohibit the abrogation of the Commonwealth's agreement to preserve a monument?

Question Presented (OCR Extract)

QUESTIONS PRESENTED The Commonwealth of Virginia agreed in 1890 to accept a circle of land in the City of Richmond and a monument to Robert E. Lee from the Lee Monument Association upon a condition reflected in a deed restriction to which Petitioners are beneficiaries that the Commonwealth would guarantee the preservation of the land and monument for the purpose of memorializing Lee. Notwithstanding that agreement, on June 4, 2020, former Governor Ralph S. Northam ordered the removal of the statue. Petitioners’ challenge was rejected by the circuit court, and the Supreme Court of Virginia affirmed the circuit court’s judgment. Governor Northam directed the removal and dismemberment of the Lee statue. The court below denied a petition for rehearing. The Governor then conveyed the pieces of the Lee statue and the circle of land to the City of Richmond. 1. Does the Obligation of Contracts Clause of Article I, Section 10 of the Constitution prohibit the abrogation of the Commonwealth’s agreement to preserve a monument based upon the _ unilateral determination of an executive official of the Commonwealth that a change in public opinion justifies the abrogation? 2. Is it a violation of due process and an uncompensated taking of a restrictive covenant in violation of the Due Process Clause of the Fourteenth Amendment for the Commonwealth to assert continuing possession, control and ownership of property after abrogating the restrictive covenant for which purpose the grantor conveyed the property to the Commonwealth?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-09
Brief amici curiae of America's Future, et al. filed. (Distributed)
2022-03-02
Waiver of right of respondent Glenn Youngkin, et al. to respond filed.
2022-01-19
Petition for a writ of certiorari filed. (Response due March 9, 2022)

Attorneys

America's Future, Intercessors for America, Conservative Legal Defense and Education Fund, U.S. Constitutional Rights Legal Defense Fund, Constitution Party National Committee, Eagle Forum, Eagle Forum Foundation, Fitzgerald Griffin Foundation, Restoring
William Jeffrey OlsonWilliam J. Olson, P.C., Amicus
Glenn Youngkin, et al.
Andrew Nathan FergusonOffice of the Attorney General, Respondent
Janet Heltzel, et al.
Patrick Michael McSweeneyMcSweeney, Cynkar & Kachouroff, Petitioner