Tue07282015

Last updateWed, 27 Dec 2017 12am

The bombs bursting in air...

The bombs bursting in air...

Residents of Colonial Beach enjoyed a grand time Saturday night as the town set off fireworks to mar...

Beach facade program off to a slow start

Out of 30 properties located in the downtown revitalization area only eight property owners have sub...

Colonial Beach Council approves 6-cent tax increase

The Colonial Beach Town Council has approved the advertised budget for the 2015-16 fiscal year. The ...

Beach plans July 4th spectacular

Beach plans July 4th spectacular

Come celebrate America's 239th  year of independence in Colonial Beach. Stroll the beach, swim,...

Harley-Davidson coming to the Beach

Harley-Davidson coming to the Beach

Harley-Davidson, America’s iconic motorcycle brand, is coming to Colonial Beach. All-American ...

School under fire for budget shortfall

Once again the Colonial Beach Public Schools came under fire by a few speakers at the public hearing...

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Attorney general: Congdon retains School Board seat

After a closed meeting of the Colonial Beach School Board on Tuesday, Nov. 3, at 5 p.m., School Board Chairman Tim Trivett read a letter from Virginia Attorney General William C. Mims addressed to Colonial Beach School Board Attorney D. Patrick Lacy Jr., regarding the domicile of School Board member Anne Congdon.

In the letter, Mims reminds Lacy that Virginia Statute §8.01-636 provides the attorney general with discretion as to whether a writ of quo warranto is required.

A writ of quo warranto simply put is a common law writ designed to test whether a person exercising power is legally entitled to do so.

 “In this instance I do not feel that it is necessary,” Mims said

Mims states that “change of domicile” requires both the physical act of relocation to a different geographical location and the intention to remain in that different location.

Mims referenced The Supreme Court in Dotson’s test to determine whether the residence of a public officer has changed sufficiently, which states, “If a person leave his original residence with the intention of not returning, and adopt another, for a time however brief, with the intent to remain there, his first residence is lost. But if he left his original residence with the intention of returning, such original residence continues in law, notwithstanding the temporary absence of himself and family.”

Mims concluded: “It is my understanding that Ms. Congdon clearly intends to return to Colonial Beach once her home has been rebuilt, therefore the position on the Colonial Beach School Board is not vacant.”

— Linda Farneth

 

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