VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF RICHMO! John Marshall Courts Building ~ SA’AD EL-AMIN, Petitioner, PARKER C. AGELASTO, Respondent, Serve: Parker e. Agelasto 4200 W. Franklin St. Richmond, VA 23220 Case No_CLIF—1F52-L. RECEIVED AND FILED CIRCUIT COURT APR ~9 2019 EDWARD F, By. PETITION FOR WRIT OF QUO WARRANTO ‘TO: The Honorable Judges of the Circuit Court of the City of Richmond: Sa’ad El-Amin, who files as an “interested person” as described in § 8.01-637A of the Code of Virginia, 1950 as amended, hereby petitions this Court that a Writ of Quo Warranto be issued ruling that because Parker Agelasto (hereinafter referred to as “Respondent”), moved his residence from Richmond, Virginia’s Fifth District to Richmond, Virginia’s First District that he is no longer domiciled in the 5" District and therefore is no longer eligible to serve as the Fifth District representative on Richmond City Council. In support thereof, El-Amin states as follows: 1 JURISDICTION AND VENUE,The jurisdiction of this Court Venue: is invoked pursuant to §§ 8.01-636 2 and4! and 8.01-637A?; Code of Virginia, 1950, as amended. 1) This Court has venue of this case pursuant to §8.01-261(14) (a)°, Code of Virginia, 1950, as amended which provides that venue lies in this Court as the Respondent continues to reside in the City of Richmond, 2) OnNovember 8, 2016, Respondent was elected to Richmond City Council, District $ after he qualified to be on the ballot by certification by the Richmond, Virginia Registrar that he ‘was a registered voter and domiciled in District 5.4 3) Upon information and belief, between June and July 2018, Respondent purchased and moved into a residence located at 4200 W. Franklin St. which is Richmond's First District. 4) Respondent after moving out of his Sth District domicile and into 4200 W. Franklin St., leased his former Sth District residence. See §15.2-1525 5) Respondent publicly stated that his reason for moving was he needed more space than his Sth District residence allowed. ©) tthe time of the filing of this petition, more than seven (8) months as elapsed since Respondent was domiciled in the Sth District. " §8.01-636 ands state: "A writ of quo warranto may be issued and prosecuted in the name of the Commonwealth in any of the following cases: 2. Against a person for the misuse or nonuse of any privilege conferred upon him by law; 4 Against any person who intrudes into or usurps eny public office. But no writ shall be issued or prosecuted against any person now in office for any cause which would have been available in support of a proceeding to contest his election." 3 $8.01-637A states: "A. The Attoriey General or attorney for the Commonwealth of any county or city of which the circuit court has jurisdiction of the proceeding, at his own instance or at the relation of any interested person, or any interested person, may apply to such court by petition verified by oath for a writ of quo warranto. 314. tn proceedings by writ of quo warranto: a, The city or county wherein any of the defendants reside..." + §15.2-1525A states in part: " Every district officer shall, at the time of his election or appointment, have resided in the district for which he is elected or appointed thirty days next preceding his election or appointment, and residence in any incorporated town within the district shall be regarded as residence in the district. 5524.2-101 states: "*Residence’ or ‘resident,’ forall purposes of qualification to register and vote, means and requires both domicile and a place of abode. To establish domicile, a person must lve in a particular locality with the intention to remain. place of abode is the physical place where a person dwells.” 21) Despite no longer being domiciled in the 5" District, Respondent continues to occupy the Sth District seat on Richmond City Council where he receives City Council pay and benefits and he continues to participate in counsel matters including but not limited to casting votes. 8) By virtue of his voluntary move, Respondent no longer meets the definition of a 5" District resident. See § 24.2-101. 9) Respondent has relinquished his right to continue to serve and occupy the Sth District seat on Richmond City Council because he no longer meets the qualifications. See §§ 15.2-1525 and 15.2-1526, 10) When he moved, Respondent was also required to amend his place of residence, which requirement is set forth under the provision of City of Richmond Voter Registration and Elections, which states: “If you are already registered but have moved or changed your name, then you need to update your registration.” http://www.richmondgov,conv/CityClerk/forms.aspx 11) _ If Respondent updated his current residency as is required, he would be in Richmond's First District, which would clearly disqualify him from serving as the Fifth District representative, WHEREFORE, for the foregoing reasons, Petitioner requests this Court issue a Writ of Quo Warranto to be prosecuted against the Respondent pursuant to Va. Code§ 8.01-636 2 and 4 to determine whether he continues to be domiciled in the 5" District. Petitioner also requests that this Court order Respondent to reimburse the Petitioner for his costs and time in prosecuting this action. Respectfully submitted, SA IN =