Commonwealth ex rel. Terry v. Community Benefit Services, Inc.

Henrico County Circuit Court

Commonwealth ex rel. Terry v. Community Benefit Services, Inc.

26 Va. Cir. 130, 1991 Va. Cir. LEXIS 553

Henrico County Circuit Court·Decided December 10, 1991·No. Case No. CH91000574-00·Published

Opinion

By Judge L. A. Harris, Jr.

The above matter is before the Court on the plaintiff’s motion for summary judgment on Count Two of the Bill of Complaint. After a consideration of the legal arguments, both written and oral, and a consideration of the appropriate authorities, I conclude that CBS was in fact a “charitable organization” as defined in § 57-48 of the Code of Virginia. Therefore, CBS was required to “duly register” prior to soliciting in the Commonwealth. The Commonwealth requests that both an injunction be entered and a judgment in the amount of $26,625.50 be awarded. However, there appears to be a factual dispute as to the efforts made by CBS to register prior to commencing their activities and the position taken by the Commonwealth when confronted with these efforts. Because I feel that evidence on this issue will be relevant to the final disposition of the case, I will enter no monetary judgment at this time, but I will allow each party to present evidence on this conduct at an ore tenus hearing.

Since I have concluded that CBS is required to register prior to soliciting in the Commonwealth, I will enter an injunction prohibiting any future violations of § 57-57(K) of the Code of Virginia.

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By Judge L. A. Harris, Jr.

The above matter is before the Court on the plaintiff’s motion for summary judgment on Count Two of the Bill of Complaint. After a consideration of the legal arguments, both written and oral, and a consideration of the appropriate authorities, I conclude that CBS was in fact a “charitable organization” as defined in § 57-48 of the Code of Virginia. Therefore, CBS was required to “duly register” prior to soliciting in the Commonwealth. The Commonwealth requests that both an injunction be entered and a judgment in the amount of $26,625.50 be awarded. However, there appears to be a factual dispute as to the efforts made by CBS to register prior to commencing their activities and the position taken by the Commonwealth when confronted with these efforts. Because I feel that evidence on this issue will be relevant to the final disposition of the case, I will enter no monetary judgment at this time, but I will allow each party to present evidence on this conduct at an ore tenus hearing.

Since I have concluded that CBS is required to register prior to soliciting in the Commonwealth, I will enter an injunction prohibiting any future violations of § 57-57(K) of the Code of Virginia.

Commonwealth ex rel. Terry v. Community Benefit Services, Inc., 26 Va. Cir. 130, 1991 Va. Cir. LEXIS 553 (Va. Super. Ct. 1991).

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