Prefiling injunction issued after ‘frivolous and vexatious’ suits

Where the claims asserted in this case were not well-grounded in fact or law, or did not present a good faith argument to extend, modify or reverse existing law, and where plaintiffs have previously filed prior “frivolous and vexatious” litigation, they are enjoined from filing any lawsuit against certain named entities without the court’s prior permission.

Order

“It is hereby ORDERED that the relief requested in the Motions for Sanctions against Plaintiffs’ Counsel Mr. Janson filed by the Board and the SolUnesco Defendants is GRANTED IN PART and DENIED IN PART as follows:

“a. The court finds that, as set forth in Virginia Code § 8.01-271.l(B), the claims asserted in the action initiated by Mr. Janson were neither well-grounded in fact nor warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law; that Plaintiffs’ claims were interposed for the improper purpose of harassing Defendants, causing unnecessary delay to the ultimate resolution of this litigation, and increasing the costs of litigation for Defendants; and that Mr. Janson and Plaintiffs George K. Toombs, Donna F. Toombs, Steve Lenhart, Marian T. Lenhart,. David M. Cogar, Heather R. Cogar, Levi Toombs, Kevin T. Newcomb. and Stuart R. Topp (the Plaintiffs’), have, on past occasions, initiated similarly frivolous and vexatious litigation in this Court. Therefore, the Court finds it appropriate and necessary to enter a prefiling injunction prohibiting Mr. Janson and the Plaintiffs from initiating any lawsuit in this Court against the following parties without first seeking permission from the Court;

“1. Planning Commission of Charlotte County; Virginia;

“2. Board of Supervisors of Charlotte County, Virginia;

“3. Board of Zoning Appeals of Charlotte County, Virginia;

“4. The Commonwealth of Virginia, including any agencies, boards, agents, officers, or directors thereof;

“5. Dominion Energy, Inc. and any of its subsidiaries;

“6. SolUnesco Holding Company;

“7. SolUnesco, LLC;

“8. Randolph Virginia, LLC; and

“9. any other entity or individual associated with the above-listed parties.

‘b. All other relief  requested in the Defendants’ Motions for Sanctions against Plaintiffs’ counsel is DENIED.”

Toombs, et al. v. Board of Supervisors of Charlotte County, et al., CL22000167-00, July 5, 2023 (Order). In the Circuit Court of the County of Charlotte (Padrick Jr.) Gregory D. Habeeb, Ryan J. Starks, counsel for SolUnesco Holding Co., SolUnesco, LLC and Randolph Virginia, LLC; John M. Janson, counsel for plaintiff;  Erin B. Ashwell, Alicia M. Penn, counsel for defendants Dominion Energy, Inc. and Dominion Birdseye Holdings, Inc. VLW 023-8-044, 7 pp.