Office of the Charlottesville City Attorney: Difference between revisions

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[[Image:CityOfCharlottesvilleSeal.jpg|right|250px| Seal of the City of Charlottesville]]
The '''City Attorney''' has the management, charge and control of all law business of the city. Appointed by the City Manager to serve at the pleasure of the governing body, the position of city attorney has been made an office by ordinance and charter provision.
The '''Office of the Charlottesville City Attorney''' provides legal advice and representation to the [[Charlottesville City Council]], [[Charlottesville City Manager]], and all departments, boards, commissions, and agencies of the City on a broad range of issues.  The [[Charlottesville City Attorney]] is appointed by and reports to the City Council.  


[[John C. Blair, II]] is the {{as of|2018|08|15|alt=current}}<ref>http://www.nbc29.com/story/38787511/charlottesville-appoints-john-blair-city-attorney</ref> city attorney.
The city attorney’s client is the city as an entity, and city attorney's role is to provide legal advice to all branches of city government, including the legislative body and executive. The city attorney will also represent the city in all actions brought by and against the city. The City Attorney drafts ordinances and reviews proposed ordinances and contracts under consideration.


==Locally elected constitutional officer==
=== Current management ===
As of December 1, 2018
Outside Counsel to Temporarily Serve as Acting City Attorney: On  April 8, 2024, the City Manager announced the city had retain the services of [[Sands Anderson PC]], a law firm based out of Richmond, VA, to temporarily serve as the acting City Attorney effective April 15, 2024 while current city attorney, [[Jacob Stroman]] was on leave. The term of the engagement with Sands Anderson PC was initially set for 60 days.<ref name=":4" />
* [[John C. Blair, II]], Charlottesville City Attorney
==Staff members (appointees)==
As of December 1, 2018
* [[Lisa Robertson]], Chief Deputy Charlottesville City Attorney
* [[Allyson Manson-Davies]], Deputy Charlottesville City Attorney
* [[Sebastian Waisman]], Assistant Charlottesville City Attorney
* [[Barbara Ronan]], Paralegal
* [[Lisa Miller]], Paralegal


Note: Staff members are neither state nor local employees, they are appointees of a locally elected constitutional officer and serve at the will and pleasure of that officer, concurrent with his or her term of office.<ref>http://www.scb.virginia.gov/faqsmenu.cfm</ref>
City Council approved attorney [[Jacob Stroman]] to became Charlottesville's City Attorney, effective July 1, 2023.<ref name=":3">{{Cite web|url=https://www.charlottesville.gov/directory.aspx?EID=1333|title=Staff Directory|publishdate=March 31, 2024|publisher=City of Charlottesville|accessdate=March 31, 2024}}</ref>  


==Legal advice==
=== Filling position ===
The City Attorney's Office gives advice to and represents the City as a corporate entity, its [[Charlottesville City Council]], the [[Charlottesville City Manager]], the [[Airport Authority]], the [[Charlottesville Industrial Development Authority]], the [[Charlottesville Redevelopment and Housing Authority]], the [[Charlottesville Planning Commission]], the [[Charlottesville Retirement Commission]], and all Charlottesville City departments and employees.<ref> http://www.charlottesville.org/departments-and-services/departments-a-g/city-attorney-s-office</ref>
The City of Charlottesville can either hire an “in house” city attorney or enter into a contract for legal services. While the city council creates the position and sets the compensation for an in-house city attorney, the executive (the city manager) selects the person to fill the role (subject to council confirmation). Similarly, since the position of city attorney has been made an office by ordinance and charter provision and that office is filled by contracting for legal services, the city manager selects someone to fill that office, subject to council confirmation.
 
==== Hire and fire ====
The city manager, with the advice and consent of the city council, appoints the attorney for the city. The city attorney can be removable at any time by the city manager with the concurrence of the city council pursuant to section §6. of the [[City Code]] [https://library.municode.com/va/charlottesville/codes/code_of_ordinances?nodeId=CO_CH2AD_ARTVCIAT_S2-212SAFUCOSENOENPRPRLA ARTICLE V. - CITY ATTORNEY, Sec. 2-211. - Appointment; qualifications; removal.]
 
The only instance in which the city council has the authority to select and hire (as well as fire) the city attorney is if the city attorney is contracted and the position of city attorney has not been made an office by ordinance or charter provision. See ''Koler v. Black Diamond'' (2021). Regardless of how they are selected, the city attorney advises all city officials, including councilmembers, and the city council may rely on the city attorney for legal advice on city affairs.
 
==== Office of the Commonwealth's Attorney ====
The Office of the City Attorney does not prosecute criminal offenses. Matters involving criminal prosecution for violations of state code, including most misdemeanors and all felony offenses, are handled through the [[Office of the Commonwealth's Attorney]].
 
According to the Code of Virginia: In the event of the appointment of a city attorney, the City of Charlottesville Attorney for the Commonwealth shall be relieved of any duty imposed upon him by law in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of the locality, of drafting or preparing ordinances, of defending or bringing actions in which the local government or any of its boards, departments or agencies, or officials or employees, thereof, shall be a party, and in any other manner advising or representing the local government, its boards, departments, agencies, officials and employees, and all such duties shall be performed by the local government attorney. <ref>{{Cite web|url=https://law.lis.virginia.gov/vacode/title15.2/chapter15/section15.2-1542/|title=Code of Virginia; § 15.2-1542. Creation of office of county, city or town attorney authorized; appointment, salary and duties.|publishdate=April 21, 2024; 1968, c. 695, § 15.1-9.1:1; 1974, c. 305; 1977, c. 584; 1979, c. 328, § 15.1-9.1:01; 1981, c. 122; 1982, c. 30; 1994, c. 357; 1995, c. 740, § 15.1-9.1:3; 1997, c. 587; 2002, c. 802.|publisher=Commonwealth of Virginia|accessdate=April 21, 2024}}</ref>
 
=== Function ===
The City Attorney’s Office gives advice to and represents:<ref>{{Cite web|url=https://www.charlottesville.gov/172/City-Attorney|title=City Attorney|publishdate=April 21, 2024|publisher=City of Charlottesville|accessdate=April 21, 2024}}</ref>
 
* The Airport Authority
* All City departments and employees
* The Charlottesville Industrial Development Authority
* The City as a corporate entity
* City Council
* City Manager
* The Planning Commission
* The Retirement Commission
 
== Duties ==
 
* Attend all meetings of the city council unless excused by the mayor or the city manager. They shall attend all meetings of the committees of the city council when notified so to do by the clerk of the council or the city manager.
* Assist in the prosecution of all cases arising under the zoning ordinance, building code and license ordinances when so directed by the city council or by the city manager.
* Draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements or other legal instruments required of them by any ordinance or order of the city council.
* Appear and defend and advocate the rights and interest of the city, or any of the officers thereof, in any suit or prosecution for any act in the discharge of their official duties.
 
== City attorney's office personnel ==
 
===Staff members===
As of October 1, 2021
 
*[[Lisa Robertson]] became City Attorney on [[May 3]], [[2021]] after serving as interim since October 2020. <ref>{{cite-progress|title=City Council takes step toward removal of Confederate statues|url=https://dailyprogress.com/news/city-council-names-lisa-robertson-city-attorney-discusses-future-of-confederate-statues/article_3ac3ad52-ad17-11eb-97ba-cb4a36989b64.html|author=Virginia Bixby|pageno=|printdate=May 4, 2021|publishdate=May 4, 2021|accessdate=May 18, 2021}}</ref>
* Allyson Manson-Davies, Attorney
* Javier Gomez-Jacome, Attorney
* Katrina Callsen, Attorney
* Debra Willard, Legal Assistant
* Ellonde Smith, Legal Assistant


==Responsibilities==
==Responsibilities==
Responsibilities of the City Attorney’s Office include:  
Responsibilities of the City Attorney’s Office include:  
* Drafts resolutions and ordinances for City Council consideration.
 
* Drafts and reviews contracts.
* Draft resolutions and ordinances for City Council consideration.
* Issues opinions on zoning, procurement, and personnel matters.
* Draft and review public contracts.
* Responds to inquiries under the [[Freedom of Information Act (FOIA)]].  
* Issue legal opinions on zoning, real estate, procurement, employment and other matters pertaining to the City's local government services.
* Handles certain types of litigation, risk management and real estate matters.
* Provide advice and training to the City's FOIA Officer, for responses to records requests under the [[Freedom of Information Act (FOIA)]].  
The Office of the City Attorney does not prosecute criminal offenses. Matters involving criminal prosecution for violations of state code, including most misdemeanors and all felony offenses, are handled through the [[Office of the Commonwealth's Attorney]].  
* Advise and represent the City, its officials and employees in litigation and risk management matters.


==Citizen advice==
==Citizen advice==
The City Attorney's Office does not provide legal advice to private citizens. The City Attorney's Office only represents the City of Charlottesville, its boards, commissions, agencies, officials, and employees on matters of public business. The Office of the City Attorney can answer legal questions related to City activities, including interpretation of the [[City Code]].<ref>http://www.charlottesville.org/departments-and-services/departments-a-g/city-attorney-s-office</ref>
The City Attorney's Office does not provide legal advice to private citizens. The Office of the City Attorney can answer legal questions related to City activities, including interpretation of the [[City Code]].<ref>http://www.charlottesville.org/departments-and-services/departments-a-g/city-attorney-s-office</ref>
 
==Opinions==
 
*June 14, 2021 &ndash; [https://cvillepedia.org/images/2021_06_14_Covenants_and_ZOs.pdf A legal opinion on the use of restrictive covenants]


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==List of previous city attorneys==
==List of previous city attorneys==
*[[Craig Brown]], November 20, 2012 - August 15, 2018
 
*Allyson Manson-Davies, senior deputy city attorney, was appointed acting city attorney by Acting City Manager [[Michael Rogers]] in January 2023 after Lisa Robertson stepped down effective [[December 28]], [[2022]].
*[[Lisa Robertson]], [[May 3]], [[2021]] to [[December 28]], [[2022]]; Lisa Robertson is the first woman to hold the position of Charlottesville City Attorney in Charlottesville's 133-year history; Robertson resigned effective [[December 28]], [[2022]]
*[[Lisa Robertson]], Acting City Attorney, October 2020 to May 2021; Robertson became acting city attorney after Acting [[City Manager]] and [[City Attorney]] [[John Blair]] left the city on [[March 5]], [[2021]] having accepted a position as City Attorney in the [[City of Staunton]].
*[[John Blair]], August 2018 to October 2020; On [[October 1]], [[2020]], city council appointed Blair to replaced outgoing City Manager Dr. [[Tarron Richardson]] who resigned after a 16-month tenure; Deputy City Attorney [[Lisa Robertson]] become acting city attorney.
*Lisa Robertson, Acting City Attorney, March 2018 to August 2018
*[[Craig Brown]], November 20, 2012 to February, 2018
*[[Roger Wiley]]
*[[Roger Wiley]]
*[[Clyde Gouldman]]<ref>{{cite-hook|title=Now what? As the Landmark lies dormant, what's next?|url=http://www.readthehook.com/83360/cover-now-what-landmark-lies-dormant-whats-next|author=Dave McNair & Lindsay Barnes|pageno=|printno=817|printdate=April 30, 2009|publishdate=April 30, 2009|accessdate=November 20, 2012}}</ref>
*[[Clyde Gouldman]]<ref name=":0">{{cite-hook|title=Now what? As the Landmark lies dormant, what's next?|url=http://www.readthehook.com/83360/cover-now-what-landmark-lies-dormant-whats-next|author=Dave McNair & Lindsay Barnes|pageno=|printno=817|printdate=April 30, 2009|publishdate=April 30, 2009|accessdate=November 20, 2012}}</ref>
*[[L.W. Waddell]]<ref>{{cite-progress-lindsay|title=Council Enacts Tax Ordinance|url=http://search.lib.virginia.edu/catalog/uva-lib:2793466/view#openLayer/uva-lib:2793467/2272/1958.5/2/1/0|author=Staff Reports|pageno=|printdate=March 2, 1949|publishdate=March 2, 1949|accessdate=December 10, 2016 from University of Virginia Library}}</ref>
*[[L.W. Waddell]]<ref name=":1">{{cite-progress-lindsay|title=Council Enacts Tax Ordinance|url=http://search.lib.virginia.edu/catalog/uva-lib:2793466/view#openLayer/uva-lib:2793467/2272/1958.5/2/1/0|author=Staff Reports|pageno=|printdate=March 2, 1949|publishdate=March 2, 1949|accessdate=December 10, 2016 from University of Virginia Library}}</ref>
*John S. Battle, jr. (1954)
*[[George Perkins]] (November 18, 1896 to January 1, 1915) <ref name=":2">{{Cite web|url=https://babel.hathitrust.org/cgi/pt?id=uva.x000196692&seq=21&q1=attorney|title=Charlottesville, Va. directory and list of Albemarle County farmers 1914-15|publisher=Richmond, Hill Directory Co.; Hill's Charlottesville (Virginia) city directory|accessdate=April 9, 2024}}</ref>
 
== List of City Attorney (1888–current) ==
On [[September 1]], 1888 Charlottesville incorporated as a city. Since 1946, the city manager, with the advice and consent of the city council, has appointed the attorney for the city.
{| class="wikitable"
! Name !! Title !! Term start !! Term end !! Length !! Notes
|-
|  TBD|| ||  1888|| ||  ||
|-
| [[George Perkins]]|| || November 18, 1896 || January 1, 1915 || || <ref name=":2" />
|-
|  TBD|| || || || ||
|-
| [[Lyttelton Waddell Wood]]|| City Attorney/Commonweath's Attorney || 1930 || 1950 || ||<ref name=":1" />
|-
| [[John S. Battle, Jr.]]||  City Attorney|| 1950 || 1960 || ||
|-
| [[Paul D. Summers, Jr.]]||  City Attorney|| 1960 || 1970 || ||
|-
| [[W. Clyde Gouldman, II]]||  City Attorney|| 1970 || 1972 || ||
|-
| [[Roger C. Wiley, Jr.]]||  City Attorney|| 1972 || 1985 || ||
|-
|  TBD|| ||  ||  ||  ||
|-
| [[W. Clyde Gouldman, II]]||  City Attorney|| 1990 || 1997 ||  || <ref name=":0" />
|-
|  TBD|| ||  ||  ||  ||
|-
| [[Craig Brown]]|| City Attorney || November 20, 2012 || February 2018 || ||
|-
|TBD
|
|
|
|
|
|-
| [[Lisa Robertson]]|| Acting City Attorney || March 2018 || August 2018 || ||
|-
| [[John Blair]]|| City Attorney || August 2018 || October 2020 || ||
|-
|
|
|
|
|
|
|-
| [[Lisa Robertson]]|| City Attorney || May 3, 2021 || December 28, 2022 || 1 year 8 months||
|-
|[[Sands Anderson PC]]
|Acting City Attorney
|
|
|
|
|-
| [[Allyson Manson-Davies]]|| Acting City Attorney || January 2023 || July 1, 2023|| ||
|-
| [[Jacob Stroman]]|| City Attorney || July 1, 2023 || April 8, 2024|| 282 days|| <ref name=":3" /> On leave effective April 8, 2024<ref name=":4">{{Cite web|url=https://www.charlottesville.gov/civicalerts.aspx?AID=1771|title=Outside Counsel to Temporarily Serve as Acting City Attorney|publishdate=Posted on: April 8, 2024 {{!}} Last Modified on: April 8, 2024|publisher=City of Charlottesville; Afton Schneider, Director of Communications & Public Engagement|accessdate=April 21, 2024}}</ref>
|-
|TBD
|Acting City Attorney
|April 8, 2024
|April 15, 2024
|
|
|-
| [[Sands Anderson PC]]|| Acting City Attorney (temporary) || April 15, 2024
|June 14, 2024
|60 days
|
|-
|
|
|
|
|
|
|}
<small>On  April 8, 2024, the City Manager announced the city had retain the services of Sands Anderson PC, a law firm based out of Richmond, VA, to temporarily serve as the acting City Attorney effective April 15, 2024 while current city attorney, Jacob Stroman was on leave. The term of the engagement with Sands Anderson PC was initially set for 60 days.<ref name=":4" /></small>


==References==
==References==
Line 46: Line 171:


[[Category:Charlottesville offices and departments]]
[[Category:Charlottesville offices and departments]]
[[Category: constitutional officer]]

Latest revision as of 22:20, 21 April 2024

The City Attorney has the management, charge and control of all law business of the city. Appointed by the City Manager to serve at the pleasure of the governing body, the position of city attorney has been made an office by ordinance and charter provision.

The city attorney’s client is the city as an entity, and city attorney's role is to provide legal advice to all branches of city government, including the legislative body and executive. The city attorney will also represent the city in all actions brought by and against the city. The City Attorney drafts ordinances and reviews proposed ordinances and contracts under consideration.

Current management

Outside Counsel to Temporarily Serve as Acting City Attorney: On April 8, 2024, the City Manager announced the city had retain the services of Sands Anderson PC, a law firm based out of Richmond, VA, to temporarily serve as the acting City Attorney effective April 15, 2024 while current city attorney, Jacob Stroman was on leave. The term of the engagement with Sands Anderson PC was initially set for 60 days.[1]

City Council approved attorney Jacob Stroman to became Charlottesville's City Attorney, effective July 1, 2023.[2]

Filling position

The City of Charlottesville can either hire an “in house” city attorney or enter into a contract for legal services. While the city council creates the position and sets the compensation for an in-house city attorney, the executive (the city manager) selects the person to fill the role (subject to council confirmation). Similarly, since the position of city attorney has been made an office by ordinance and charter provision and that office is filled by contracting for legal services, the city manager selects someone to fill that office, subject to council confirmation.

Hire and fire

The city manager, with the advice and consent of the city council, appoints the attorney for the city. The city attorney can be removable at any time by the city manager with the concurrence of the city council pursuant to section §6. of the City Code ARTICLE V. - CITY ATTORNEY, Sec. 2-211. - Appointment; qualifications; removal.

The only instance in which the city council has the authority to select and hire (as well as fire) the city attorney is if the city attorney is contracted and the position of city attorney has not been made an office by ordinance or charter provision. See Koler v. Black Diamond (2021). Regardless of how they are selected, the city attorney advises all city officials, including councilmembers, and the city council may rely on the city attorney for legal advice on city affairs.

Office of the Commonwealth's Attorney

The Office of the City Attorney does not prosecute criminal offenses. Matters involving criminal prosecution for violations of state code, including most misdemeanors and all felony offenses, are handled through the Office of the Commonwealth's Attorney.

According to the Code of Virginia: In the event of the appointment of a city attorney, the City of Charlottesville Attorney for the Commonwealth shall be relieved of any duty imposed upon him by law in civil matters of advising the governing body and all boards, departments, agencies, officials and employees of the locality, of drafting or preparing ordinances, of defending or bringing actions in which the local government or any of its boards, departments or agencies, or officials or employees, thereof, shall be a party, and in any other manner advising or representing the local government, its boards, departments, agencies, officials and employees, and all such duties shall be performed by the local government attorney. [3]

Function

The City Attorney’s Office gives advice to and represents:[4]

  • The Airport Authority
  • All City departments and employees
  • The Charlottesville Industrial Development Authority
  • The City as a corporate entity
  • City Council
  • City Manager
  • The Planning Commission
  • The Retirement Commission

Duties

  • Attend all meetings of the city council unless excused by the mayor or the city manager. They shall attend all meetings of the committees of the city council when notified so to do by the clerk of the council or the city manager.
  • Assist in the prosecution of all cases arising under the zoning ordinance, building code and license ordinances when so directed by the city council or by the city manager.
  • Draft all bonds, deeds, obligations, contracts, leases, conveyances, agreements or other legal instruments required of them by any ordinance or order of the city council.
  • Appear and defend and advocate the rights and interest of the city, or any of the officers thereof, in any suit or prosecution for any act in the discharge of their official duties.

City attorney's office personnel

Staff members

As of October 1, 2021

  • Lisa Robertson became City Attorney on May 3, 2021 after serving as interim since October 2020. [5]
  • Allyson Manson-Davies, Attorney
  • Javier Gomez-Jacome, Attorney
  • Katrina Callsen, Attorney
  • Debra Willard, Legal Assistant
  • Ellonde Smith, Legal Assistant

Responsibilities

Responsibilities of the City Attorney’s Office include:

  • Draft resolutions and ordinances for City Council consideration.
  • Draft and review public contracts.
  • Issue legal opinions on zoning, real estate, procurement, employment and other matters pertaining to the City's local government services.
  • Provide advice and training to the City's FOIA Officer, for responses to records requests under the Freedom of Information Act (FOIA).
  • Advise and represent the City, its officials and employees in litigation and risk management matters.

Citizen advice

The City Attorney's Office does not provide legal advice to private citizens. The Office of the City Attorney can answer legal questions related to City activities, including interpretation of the City Code.[6]

Opinions


Logo-small25.jpg This article is a stub. You can help cvillepedia by expanding it.


List of previous city attorneys

List of City Attorney (1888–current)

On September 1, 1888 Charlottesville incorporated as a city. Since 1946, the city manager, with the advice and consent of the city council, has appointed the attorney for the city.

Name Title Term start Term end Length Notes
TBD 1888
George Perkins November 18, 1896 January 1, 1915 [9]
TBD
Lyttelton Waddell Wood City Attorney/Commonweath's Attorney 1930 1950 [8]
John S. Battle, Jr. City Attorney 1950 1960
Paul D. Summers, Jr. City Attorney 1960 1970
W. Clyde Gouldman, II City Attorney 1970 1972
Roger C. Wiley, Jr. City Attorney 1972 1985
TBD
W. Clyde Gouldman, II City Attorney 1990 1997 [7]
TBD
Craig Brown City Attorney November 20, 2012 February 2018
TBD
Lisa Robertson Acting City Attorney March 2018 August 2018
John Blair City Attorney August 2018 October 2020
Lisa Robertson City Attorney May 3, 2021 December 28, 2022 1 year 8 months
Sands Anderson PC Acting City Attorney
Allyson Manson-Davies Acting City Attorney January 2023 July 1, 2023
Jacob Stroman City Attorney July 1, 2023 April 8, 2024 282 days [2] On leave effective April 8, 2024[1]
TBD Acting City Attorney April 8, 2024 April 15, 2024
Sands Anderson PC Acting City Attorney (temporary) April 15, 2024 June 14, 2024 60 days

On April 8, 2024, the City Manager announced the city had retain the services of Sands Anderson PC, a law firm based out of Richmond, VA, to temporarily serve as the acting City Attorney effective April 15, 2024 while current city attorney, Jacob Stroman was on leave. The term of the engagement with Sands Anderson PC was initially set for 60 days.[1]

References

  1. ↑ 1.0 1.1 1.2 Web. Outside Counsel to Temporarily Serve as Acting City Attorney, City of Charlottesville; Afton Schneider, Director of Communications & Public Engagement, Posted on: April 8, 2024 | Last Modified on: April 8, 2024, retrieved April 21, 2024.
  2. ↑ 2.0 2.1 Web. Staff Directory, City of Charlottesville, March 31, 2024, retrieved March 31, 2024.
  3. ↑ Web. Code of Virginia; § 15.2-1542. Creation of office of county, city or town attorney authorized; appointment, salary and duties., Commonwealth of Virginia, April 21, 2024; 1968, c. 695, § 15.1-9.1:1; 1974, c. 305; 1977, c. 584; 1979, c. 328, § 15.1-9.1:01; 1981, c. 122; 1982, c. 30; 1994, c. 357; 1995, c. 740, § 15.1-9.1:3; 1997, c. 587; 2002, c. 802., retrieved April 21, 2024.
  4. ↑ Web. City Attorney, City of Charlottesville, April 21, 2024, retrieved April 21, 2024.
  5. ↑ Web. City Council takes step toward removal of Confederate statues, Virginia Bixby, Daily Progress, Lee Enterprises, May 4, 2021, retrieved May 18, 2021.
  6. ↑ http://www.charlottesville.org/departments-and-services/departments-a-g/city-attorney-s-office
  7. ↑ 7.0 7.1 Web. Now what? As the Landmark lies dormant, what's next?, Dave McNair & Lindsay Barnes, The Hook, Better Publications LLC, April 30, 2009, retrieved November 20, 2012. Print. April 30, 2009 , 817, .
  8. ↑ 8.0 8.1 Web. Council Enacts Tax Ordinance, Staff Reports, Daily Progress Digitized Microfilm, Lindsay family, March 2, 1949, retrieved December 10, 2016 from University of Virginia Library.
  9. ↑ 9.0 9.1 Web. Charlottesville, Va. directory and list of Albemarle County farmers 1914-15, Richmond, Hill Directory Co.; Hill's Charlottesville (Virginia) city directory, retrieved April 9, 2024.

External Links

Official site

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