MR. ROY L. PERRY-BEY 89 LINCOLN STREET #1772 HAMPTON, VA 23669 Tel: (804) 362-0011 ufj2020@gmail.com April 12, 2019 The Honorable George E. Schaefer, Ill, Clerk Law Division Norfolk Circuit Court Clerk’s Office 150 St Paul’s Blvd. 7th Floor Norfolk, VA 23510 (757) 793-3506 Re: # CL1900281600 - Roy L. Perry-Bey, and Ronald M. Green, v. City of Norfolk, Dear Mr. Schaefer, III: Enclosed please find plaintiffs’ motion for leave to amend and amended complaint for declaratory judgment to be filed in the above referenced matter, which I ask that you please present to the Honorable Judge Mary Jane Hall. Thank you for your kind assistance in this matter. Very truly yours, Ishi Roy L. Perry-BeyVIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK ROY L. PERRY-BEY, RONALD M. GREEN, Plaintiffs, Case No: CL1900281600 CITY OF NORFOLK, Defendants. MOTION FOR LEAVE TO FILE AMENDED COMPLAINT FOR DECLARATORY JUDGMENT Roy L. Perry-Bey, and Ronald M. Green, moves the Court for leave to file an amended complaint for declaratory judgment pursuant to Va. Code § 8.01-184, § 8.01-191, and Rule 1:8 of the Virginia Supreme Court. On April 4, 2019, the Court continued the motion to Permit Plaintiffs to serve complaint via delivery to the City Attorney who has agreed to accept service and to permit the City an opportunity to respond within 21 days. I. STATEMENT OF FACTS A, Procedural History and Court Decisions On March 22, 2017, Plaintiffs Roy L. Perry-Bey, andRonald M. Green, filed a complaint against the Norfolk City Council, alleging that the City failed to enforce it’s obligation in violation of the provisions of § 2 et seq., of the City’s Charter authorizing the NORFOLK CITY COUNCIL to enforce its’ unanimous decision during an agenda session August 2017, to remove, and relocate the City’s own Confederate monument that sits on East Main Street in downtown Norfolk. 1. Thereafter, subsequent attempts to serve Defendants was not successful by the Sheriff and Defendants has not answered the complaint as of this filing. 2. On April 4, 2019, the Plaintiffs’ filed a Complaint against the City of Norfolk, served April 08, 2019. 3. A suit for a declaratory judgment is a particularly appropriate method for the determination of controversies relative to the construction and validity of statutes, ordinances, and orders of administrative boards and agencies. King v. Priest, 357 Mo. 68, 79 (Mo. 1947); Hoffman Fam., L.L.C. v. Mill Two Assocs. Pshp., 259 Va. 685, 529 S.E.2d 318 (2000).