Janet Heltzel, et al. v. Glenn A. Youngkin, Governor of Virginia, et al.
DueProcess Takings
Does the Obligation of Contracts Clause prohibit the abrogation of the Commonwealth's agreement to preserve a monument?
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?