VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK

ROY L. PERRY-BEY,
RONALD M. GREEN,

Plaintiffs, Case No: CL1900281600

v.

NORFOLK CITY COUNCIL,

Defendant.
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MEMORANDUM IN SUPPORT
OF PLAINTIFFS’ EXPEDITED MOTION FOR MANDATORY INJUNCTION

PLEASE TAKE NOTICE that pursuant to Va. Code § 8.01-386 (A) et seq..

Whenever, in any civil action it becomes necessary to ascertain what the law,

statutory or otherwise, of this Commonwealth, of another state, of the United

States, of another country, or of any political subdivision or agency of the same is,

or was, at any time, the court shall take judicial notice thereof whether specially

pleaded or not.

(B) The court, in taking such notice, may consult any book, record,

register, journal, or other official document or publication purporting to contain,

state, or explain such law, and may consider any evidence or other information or

argument that is offered on the subject. The Plaintiffs respectfully request that this

Court take Judicial notice of the following, the Court may take judicial notice of

which are facts and propositions that are not reasonably subject to dispute and are

capable of immediate and accurate determination by resort to sources of reasonably

indisputable accuracy:
1. It is an elementary rule of law that a court must have jurisdiction over the

parties to and the subject matter of a controversy in order render a valid judgment.

2. The provisions of §2 et seq., of the City’s Charter explicitly authorizes the action

sought by the defendants. Even though there is case law interpreting and applying

the relevant Code provisions, the language of the law and its predecessor statutes

going back to 1904, are clear and unambiguous those restrictions do not apply to

monuments put up in municipalities, such as the City of Norfolk, prior to 1998.

3. On August 22, 2017, the Norfolk City council voted during an consent agenda

to remove or relocate its Confederate Monument to the City’s Elmwood Cemetery.

Council further ask the Attorney General for an opinion to clarify the meaning of

those state code provisions relating to the removal of war memorials.

4. On January 28, 1898, the city government granted permission for the placement

of its Confederate Monument in Commercial Place (formerly Market Square).

Construction on the monument began in February 22 1898.

5. On February 22, 1899, the cornerstone was laid on the 32nd anniversary of the

inauguration of Jefferson Davis as the President of the treasonous Confederate

States of America.

6. Circa 1964-65 the City’s Confederate monument was taken down for fear that

it would be damaged by the pile drivers preparing the foundations for the old

Virginia National Bank Building (formerly the Bank of America building).

Without implicating Va. Code § 15-2-1812, or its predecessor statutes going back

to 1904; Va. Code § 18.2-137 (the statute imposing criminal penalties for removal,

etc. of war monuments).”

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7. Norfolk City Attorney Bernard A. Pishko wrote in an August 18, 2017, opinion

to the attorney general: “It is my opinion that neither the ‘civil’ nor the ‘criminal’

statute prohibits the relocation being considered by Norfolk City Council.”

8. Norfolk also sent Herring a memo from the Norfolk Commonwealth’s

Attorney’s Office that agreed:

9. “While the General Assembly has imposed certain restrictions on the removal

or relocation of Monuments through Code § 15-2-1812 and its predecessor statutes

going back to 1904, those restrictions do not appear to apply to most Monuments

put up in municipalities prior to 1998.

10. “For that reason, the removal or relocation of a Monument put up in a

municipality, especially if put up by order of a municipal governing body or a

private entity with the permission of that governing body, would not implicate

Code § 18.2-137 (the statute imposing criminal penalties for removal, etc. of

war monuments).”

11. Attorney General Mark R. Herring issued an advisory opinion saying

cities can remove or relocate Confederate monuments as long as there are no

individual laws or restrictions governing those particular monuments.

12. The facts are virtually undisputed;  the controversy is over the inferences to

be drawn from the facts. The chronology is important, as is the implication or

not Va. Code § 1-5-21812, and its predecessor statutes going back to 1904, those

restrictions do not appear to apply to most Monuments put up in municipalities

prior to 1998; Va. Code § 18.2-137 (the statute imposing criminal penalties for

removal, etc. of war monuments).”

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 WHEREFORE, Mr. Roy L. Perry-Bey, and Mr. Ronald M. Green,

Plaintiffs’ pray that this Court enter an extraordinary order for a mandatory

injunction upon the City to remove or relocate its Confederate Monument and

granting such other and further relief without delay as this Court deems just.

Respectfully submitted,

By_______________________________
MR. ROY L. PERRY- BEY, PLAINTIFF
89 LINCOLN STREET #1772
HAMPTON, VIRGINIA 23669

By_______________________________
MR. RONALD M. GREEN, PLAINTIFF
5540 BARNHOLLOW ROAD
NORFOLK, VA 23502

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 CERTIFICATION OF SERVICE

I hereby certify that a true copy of the foregoing was mailed on this 26th day of
March, 2019, to the City of Norfolk, 810 Union St, Norfolk, VA 23510.

By_______________________________
MR. ROY L. PERRY- BEY, PLAINTIFF
89 LINCOLN STREET #1772
HAMPTON, VIRGINIA 23669

By_______________________________
MR. RONALD M. GREEN, PLAINTIFF
5540 BARNHOLLOW ROAD
NORFOLK, VA 23502