Legal Updates

Legal Filings

January 11, 2017 – Amended Complaint and Exhibits

January 19, 2017 – Defendant’s Demurrer

January 19, 2017 – Order Granting Motion for Leave to File Amended Complaint

February 8, 2017 – Defendant’s Motion to Dismiss Count I

February 8, 2017 – Defendant’s Motion to Dismiss Count II

April 25, 2017 – Defendant’s Motion to Suspend Discovery

May 23, 2017 – Plaintiff’s Opposition to Motion to Suspend Discovery

Exhibit A
Exhibit B
Exhibit C – Hermit Thrush Development
Exhibit C – Hermit Thrush Photos
Exhibit D
Exhibit E

Defendant’s Memorandum in Support of Stay of Discovery

May 31, 2017 – Defendant’s Reply Memorandum in Support of Stay

June 26, 2017 – Discovery Order

September 18, 2017 – Plaintiffs Memorandum in Opposition to Motions to Dismiss and Demurrer

September 27, 2017 – Defendants Response to Plaintiffs Motion for Leave

September 27, 2017 – Motion for Leave and Surreply

September 27, 2017 – Defendants Reply to Plaintiffs Memorandum in Opposition to Defendants Motion to Dismiss and Demurrer

October 23, 2017 – Letter order from Judge Higgins granting request for injunction

October 23, 2017 – Intervenors Answer and Counterclaim of Intervenors

October 31, 2017 – Intervenors Memorandum of Lis Pendens

November 30, 2017 – Foxfield Racing Association’s Answer to Counterclaim of Intervenors

December 2, 2017 – Order Granting Motion to Intervene

December 4, 2017 – Order Granting Motion to Withdraw as Counsel

December 27, 2017 – Defendants Answers, Grounds of Defense, and Affirmative Defenses to Plaintiffs’ Amended Complaint

January 22, 2018 – Motion to File Second Amended Complaint

February 15, 2018 – Order Granting Unopposed Motion to File Second Amended Complaint

March 7, 2018 – Foxfield Racing Association – Plea in Bar

March 7, 2018 – Tom Dick – Demurrer and Plea in Bar to Second Amended Complaint

April 18, 2018 – Plaintiffs – Motion for Partial Summary Judgment

April 18, 2018 – Plaintiffs – Praecipe to Set Hearing on Demurrer and Pleas in Bar

July 25, 2018 – Plaintiffs Memorandum in Opposition to T. Dicks Demurrer to Second Amended Complaint

July 25, 2018 – Plaintiffs Memorandum in Opposition to Pleas in Bar

July 25, 2018 – Plaintiffs Memorandum in Support of Motion for Summary Judgment on Count I

August 1, 2018 – Plaintiffs REDACTED Memo in Support of Motion for Summary Judgment on Count III

August 9, 2018 – Plaintiffs Notice of intent to introduce evidence and/or comment at hearing

August 9 , 2018 – Plaintiffs Praecipe regarding issues to be heard at hearing

August 10, 2018 – Foxfield Racing Association and T. Dick Opposition to Plaintiffs’ Motion for Summary Judgment

August 14, 2018 – Plaintiffs Reply Memorandum in Support of Motion for Summary Judgment

November 13, 2018 – Garth Road Preservation Public Inspection

Timeline of Events – Most recent first

September 11, 2018 at 9:00 am – UPDATED Hearing at the Albemarle County Courthouse, Court Square, Charlottesville, VA.

October 2, 2017 at 2:30 pm – Hearing on Demurrer and Motion to Dismiss at Albemarle Circuit Court at Courthouse Square. This hearing is open to the public and all friends and fans of the Foxfield Races are invited to attend to show their support for continuing this proud Virginia tradition.

June 2, 2017 – Hearing on Foxfield Racing Association’s and Tom Dick’s motion to suspend discovery.

May 31, 2017 – The Office of the Attorney General for the Commonwealth of Virginia (“OAG”) sent a letter to all counsel. In this letter the OAG confirmed that it was interested in the subject matter of the litigation because of its legal duty to protect charitable trusts. The OAG asked counsel to share any information provided in discovery so that the OAG could fully evaluate any potential role it may have in the case.

May 23, 2017 – Plaintiffs filed a memorandum opposing the suspension of discovery. In this memorandum, the Plaintiffs argued that Foxfield Racing Association and Tom Dick, through their various filings, had injected new facts into the case and the Plaintiffs had the right to probe those facts. Furthermore, the Plaintiffs brought to the court’s attention the discrepancies between Tom Dick’s affidavit and documents produced by third parties.

April 25, 2017 – In attempt to stop the Plaintiffs from probing Foxfield Racing Association’s corporate records, the Defendants filed a motion to suspend discovery until the court decides the demurrers and two motions to dismiss.

February 8, 2017 – Foxfield Racing Association and Tom Dick filed two motions to dismiss. The first motion to dismiss, after a lengthy recitation of new facts, asserted that Foxfield Racing Association did not hold the Foxfield Property in trust because Ms. Tejeda would have never created a trust due to her bad experiences with trusts in the past. The first motion to dismiss also claimed that Virginia trust law does not apply to corporations like Foxfield Racing Association. The second motion to dismiss argued the same points, but also added claims that the Plaintiffs could not bring a lawsuit because they lacked standing.

January 16, 2017 – • On the very same day, January 16, 2017, Kennon Williams Landscape Studio sent Tom Dick a number of plans to develop the Foxfield Property into “Hermit Thrush.” One of these plans subdivided the Foxfield Property into 17 lots for homes.

January 16, 2017 – Along with that demurrer, Tom Dick filed a sworn affidavit stating there were no plans to sell the Foxfield Property.

End of December 2016 – Left with no other option, the Plaintiffs filed a lawsuit aimed at preventing Foxfield Racing Association and Tom Dick from selling or developing the Foxfield Property

In response to the lawsuit, Foxfield Racing and Tom Dick filed a demurrer, asserting there were no factual grounds for issuing a temporary injunction to prevent the sale of the Foxfield Property while the lawsuit is pending

December 15, 2016 – the Plaintiffs, through their lawyers, reached out to Tom Dick seeking assurances there were no plans to sell the Foxfield Property. Tom Dick refused to give them any assurance

By October 2016 – Tom Dick, through Frank Hardy, had been in contact with multiple engineers and planners about developing the Foxfield Property. This culminated with a meeting on October 27, 2016 with McKee Carson, and Waterstreet Studios, landscape architects

As early as September 2016 – Tom Dick began to discuss selling or developing the Foxfield Property with Frank Hardy of Frank Hardy Sotheby’s International Realty

August 2015 – Ben Dick passed away. At that time Tom Dick, as the sole director, appointed himself President and CEO of Foxfield Racing Association.

January 2015 – Ben Dick was the sole director of Foxfield Racing Association. At that time he appointed Tom Dick as vice-president

November 3, 2014 – Ben Dick signed a secret, two-year listing agreement to sell the Foxfield Property with McLean Faulconer, Inc. Realtors

May 7, 1987 – the Estate of Ms. Tejeda conveyed the Foxfield Property to Foxfield Racing Association, in accordance with Ms. Tejeda’s Will

December 26, 1983 – Ms. Tejeda passed away. As instructed in her will, she was buried on the property.

May 23, 1983 – Ms. Mariann S. de Tejeda signed her Last Will and Testament