11-13-2013 King George Virginia Journal

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POSTAL CUSTOMER

King George

Pages 13-14 Volume 37, Number 46

Project FAITH files for dismissal of county’s suit Phyllis Cook Project FAITH is asking that King George County’s legal complaint against the development company be dismissed. The reason for King George County’s complaint filed last month was to get back a 5.53-acre parcel of land it gave away in 2012. That complaint asked the Circuit Court to either rescind the Deed of Gift and Performance Agreement, or to declare it null and void, with either having the result that the land would go back to the county, either effective July 30, 2012 in the first instance, or July 30, 2013, in the second. The county’s 10-page legal complaint was answered by Clark Leming on behalf of Project FAITH on Nov. 1, with a 13-page response as a plea in bar/demurrer, essentially requesting dismissal of the county’s complaint on all counts. BREACH OF CONTRACT ALLEGED BY COUNTY The county’s legal complaint primarily charges breach of contract due to Project FAITH’s failure to meet its first major deadline under the two guiding legal documents, which was commencement of construction earlier this year, by Aug. 1. The county’s filing also contends

Wednesday, November 13, 2013 50 Cents

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Election roundup – who won?

Elusive quarterback

that the commencement of construction deadline “is not subject to cure,” adding that an extended deadline was provided prior to the county sending a notice of default. PROJECT FAITH SEEKING DISMISSAL Project FAITH is seeking dismissal of the complaint, arguing in part that the county skipped a step in the contractual default process, by not providing Project FAITH a requested hearing before the Board of Supervisors to contest the allegations contained in the notice of default letter. In a Sept. 26 letter from Leming, Project FAITH had requested a hearing before the Board of Supervisors to enable it to contest the allegations contained in the notice of default. In his letter requesting a hearing, Leming blames the county, saying that Project FAITH cites, “circumstances beyond its control.” He had added, “specifically certain acts and omissions by the County are the proximate cause of PFI’s inability to meet the performance milestone.” The alleged acts and omissions are not specifically spelled out, but Leming had contended that, “These See suit, page 3

Upsets for incumbents in both James Monroe seats Phyllis Cook Two local elected offices in King George will see new members come January, with upsets of the incumbents in both seats representing the James Monroe district.

Leonard Banks

During the recent Conference 22 4A North Championship featuring King George vs. Courtland, Fox junior varsity quarterback Will Clift demonstrates his ability to elude would-be tacklers.

JAMES MONROE BOARD OF SUPERVISORS Supervisor John LoBuglio lost his bid for a second term in office to Jim Howard in a four-way race. In January, Howard will take back the seat he previously held for more than a decade. The also-rans in that contest for James Monroe Board of Supervisor were Rich Lorey and Jeff Bueche. Bueche had been erroneously declared the winner by wrong results posted on the state Board of Elections website for about 20 minutes on election night before the vote count was corrected. See election, page 3

Area sports legends enter the KGHSSHOF Leonard Banks

Leonard Banks

Speaking on behalf of his teammates from the 1969 King George High School boys’ basketball team, recently inducted in to the King George High School Hall of Fame, retired NBA referee, and James Madison University standout, George Toliver is humbled, yet thrilled with the honor.

Their mark on local sports history will always be remembered. On Thursday, four sports immortals entered the King George High School (KGHS) Sports Hall of Fame. Also, a special recognition was given to the 1941 KGHS boys’ basketball team. With an audience filled with family, friends, coaches, and athletes, the historic event marked the fourth annual banquet of the induction ceremony. After the “new” KGHS was built in 1939, the 1941 boys’ basketball team was the first team to play on an indoor court. Although the team did not play for a Region or State title, they were dedicated and hard working athletes who later returned to their beloved community as World War II heroes, successful businessmen, public servants, teachers and productive members of the county. Some of the members included: Lewis Staples, Horace Gray, John Lee, Keith Lee, Clyde McDaniel, Elmer Morris, Jr., and Elwood Mason. They are the class of the era known as the “Greatest Generation.”

Connells enter pleas on embezzlement from Hopyard sports teams Richard Leggitt A King George couple has entered separate pleas on charges of embezzling funds from Hopyard Farms sports teams. April Connell, 39, entered an Alford Plea - or a plea of no-contest - to a charge of felony embezzlement involving the Hopyard Farms swim team. Dale Connell, 43, entered a plea of guilty to misdemeanor embezzlement from the Hopyard Farms Little League. Both Connells were in court Thursday. Both were banned from participation with any youth sports teams, April for 10 years and Dale for three years. April Connell was sentenced to 10 years in prison by Circuit Court Judge Joseph Ellis, who suspended all but one year of the prison sentence on the condition that April Connell pay $4,574.18 in restitution, receive a mental health evaluation and remain

Ricky Hayden was the prototype “ironman”. Whether it was track & field or football, he came to win. He was a student of sport, where he studied techniques with the hope of mastering the fundamentals. Three-sport teammate of Hayden, John Lysher, remembers Hayden as a tenacious competitor and an extraordinary leader. “Ricky is one of the most fierce competitors that I have ever had the pleasure of playing with on the football field, on the playground, and on the track. Not only was he one of the best athletes in the Fredericksburg area, but he was one of the smartest from a sporting perspective.” From the moment he entered the competitive arena, Hayden wasn’t happy with just winninghe wanted to dominate his opponents. His sports’ accolades include: three years of varsity football, captain of the 1976 undefeated football team; offensive tackle, linebacker, and punter; All-Area Linebacker; team-leading tackler; All-District; track & field state champion discus, State Runnerup shot put; Regional Champion discus; Regional Champion shot put; KGHS record discus (161’1”);

See KGHSSHOF, page 3

Contracted teacher charged in slapping of a blind-deaf student

Carrying the weight on his shoulders

on good behavior for 10 years. Dale Connell paid full restitution of the funds he was accused of embezzling prior to sentencing. He received a sentence of 12 months in jail, with all of the sentence suspended based on good behavior for three years. Prosecutors and the King George Sheriff ’s Office clearly regarded the felony charges against April Connell as the more serious. Deputy Commonwealth’s Attorney Jennifer Pollard said Connell had deliberately siphoned funds from two Hopyard Farms swim team bank accounts over a period of almost 20 months. “This was not a one-time, impulsive taking,” Pollard told Judge Ellis, “but a series of acts, a web of lies, manipulations, and deceitful conduct, committed over a period of almost two years, that allowed her See connells, page 3

KGHS record shot put, 51’1’; full scholarship to Auburn University (track & field); All SEC discus, 1988; All Academic SEC; Top Five Auburn discus (175’0”); Auburn, shot put, 54’8”; US Air Force Europe football (four years); US Air Force Europe football linebacker, punter, team captain (three years); leading tackler three years; All-CSC, three years; ASAF Champions (two years). In the minds of everyone who ever saw him perform, Derone “DD” Boxley was their modern version of Superman. He came along during a special moment in KGHS history, known as the “Era of Champions.” Whether it was volleyball, basketball or wrestling, the entire KGHS sports program was filled to the brim with overachieving athletes. From the moment he laced up his shoes, the three-sports star instantly impacted the basketball, football and track & field programs. Along with a host of gridiron greats, he helped the Foxes junior

Doug Davant The slapping incident involving a King George Elementary School blind-and-deaf child has resulted in the arrest of a contracted special education service provider last week. Brandi Nolte, 32, of Richmond was charged last week with assault See Slap, page 3

Leonard Banks

Charger linemen attempt to stop the forward progress of Fox Ian Chase.

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