VIRGINIA:

IN THE CIRCUIT COURT OF THE CITY OF RICHMOND

Civil Division

IN RE: Petition by the Council of the City of

Richmond, Virginia for an Order calling a
Referendum concerning whether casino Case No. CL-23-3522-WRM
gaming shall be permitted in the City of
Richmond, Virginia

MOTION TO INTERVENE

COMES NOW, Intervenor RICHMOND LODGE NO. 1 OF THE GOOD LIONS, INC.

(“the Good Lions”) hereby seeks leave to intervene, pursuant to VA. R. Sup. Ct. 3:14, in this

action which seeks to authorize a referendum on whether casino gaming shall be permitted in the

City of Richmond, Virginia and in support thereof states as follows:

LEGAL STANDARD

The Virginia rules permit a party to intervene in a civil action pursuant to certain criteria.

To wit, Rule 3:14 states: “a new party may by leave of court file a pleading to intervene as a

plaintiff or defendant to assert any claim or defense germane to the subject matter of the

proceeding.” Virginia Courts have generally allowed parties with a substantial interest in the

litigation to intervene as parties. See Hudson v. Jarrett, 269 Va. 24 (2005); In re Multi-Circuit

Episcopal Church Prop. Litig., 76 Va. Cir. 942 (Cir. Ct. 2008). Further, a party may intervene in

an action to preserve its financial interests when they are in jeopardy. Futuri Real Estate v. Atl. Tr.

Servs., LLC, 298 Va. 147, 154 (2019)

FACTS

1. On June 20, 2023, the Council of the City of Richmond (‘the City Council”) filed a

Petition in this matter requesting that the Court issue an order authorizing a referendum

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 (“the Referendum”) to be held in the City of Richmond, Virginia (“the City of

Richmond”) on the question of whether casino gaming shall be permitted at a casino

gaming establishment located in the City of Richmond.

2. On November 2, 2021, the City of Richmond previously held a referendum on this same

topic, i.e. the siting of a casino, with the vendor identified as RVA Entertainment

Holdings, LLC (“RVA Entertainment”). That referendum failed to pass. Petition, ¶ 6.

3. Thereupon, the City Council passed Resolution No. 2023-R027 on June 12, 2023 which

(again) selected RVA Entertainment as the City’s preferred casino gaming operator.

Petition, ¶ 7; Exh. A (“Resolution”).

4. Notably, and as further itemized in the Motion for Reconsideration attached to this

Motion, RVA Entertainment is not the same vendor as was represented to the citizens of

the City of Richmond in fall 2021. See attached exhibits.

5. More pertinently, neither the Petition nor the Resolution state that the selection of the

Operator was the result of the public bidding process as required by the Constitution of

Virginia. Va. Const., Art. VII, § 9.

6. Moreover, it is also clear that the Council’s utilization of the no bid process exceeded the

authority granted to it by the General Assembly in violation of the Constitution of

Virginia. Va. Const., Art. IV, §§ 3, 14(18).

7. Indeed, the legislative history of the Resolution indicates that no other parties were given

the opportunity to bid for the lucrative casino franchise. See attached exhibits.

8. Nothing in the applicable statutes cited in the Petition exempt the City of Richmond from

following the public bidding process set forth in the Constitution of Virginia.

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9. Intervenor, Good Lions, is a nonprofit corporation formed under the laws of the

Commonwealth of Virginia in 2009.

10. Good Lions is a “qualified organization” which operates a successful charitable gaming

establishment in Richmond pursuant to Va. Code § 18.2-340.16, et seq. Its business will

be adversely affected by the establishment of a casino, a fact acknowledged by the report

on casino gaming by the Joint Legislative Audit and Review Commission (“JLARC”),

especially at the site desired by RVA Entertainment.

ARGUMENTS

11. As stated infra, the financial interests of Good Lions will be substantially damaged in the

event that this Court allows a referendum to be held without the City of Richmond

properly following the applicable statutes and the Constitution of Virginia regarding the

sale or lease of public property and franchises.

12. Presently, the only casino gaming permitted in Richmond is charitable gaming and this

sole right has helped Good Lions and similar nonprofit organizations use the proceeds

from gaming to improve the community.

13. This charitable income will either disappear entirely or be seriously undermined should

the referendum move forward and be successful. Since Good Lion’s financial interests

will be substantially harmed, it has standing to intervene. See Futuri Real Estate v. Atl.

Tr. Servs., LLC, 298 Va. 147, 154 (2019); Hudson v. Jarrett, 269 Va. 24 (2005); In re

Multi-Circuit Episcopal Church Prop. Litig., 76 Va. Cir. 942 (Cir. Ct. 2008).

14. Further, it is clear that the Good Lion’s challenge to the legitimacy and legality of

Richmond’s referendum is germane to this matter pursuant to Rule 3:14.

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 15. In light of the above, Good Lions has prepared an Emergency Motion to Suspend

(attached hereto as Exhibit A), a draft order for the Emergency Motion to Suspend

(attached hereto as Exhibit B), a Motion to Reconsider related to the Order issued on July

25, 2023 (attached hereto as Exhibit C), and the related Memorandum in Support of

Intervenor’s Motion to Reconsider (attached hereto as Exhibit D),

WHEREFORE, for the reasons set forth above, Intervenor Richmond Lodge No. 1 of

the Good Lions, Inc. requests that the Court issue an order granting Good Lions leave to

Intervene in this matter and accepts the Motion and Memorandum attached hereto as Exhibits A

and B as filed as of the date of the present Motion to Intervene.

Dated: August 11, 2023. Respectfully submitted,

RICHMOND LODGE NO. 1 OF

THE GOOD LIONS, INC.
By Counsel

_____________________________________
J. Chapman Petersen, Esq., VSB #37225
Christopher Robertson, Esq., VSB #93732
Chap Petersen & Associates, PLC
3970 Chain Bridge Road
Fairfax, Virginia 22030
Telephone: 571-459-2521
Facsimile: 571-459-2307
jcp@petersenfirm.com
cr@petersenfirm.com
Counsel for Intervenor

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 CERTIFICATE OF SERVICE

I hereby certify that on this 11th day of August 2023, I served the foregoing via email and
first-class mail to the following:

Laura K. Drewry, Esq.

City Attorney
900 East Broad Street, Suite 400
Richmond, VA 23219
T: 804-646-7940
F: 804-646-6653
Laura.drewry@rva.gov
Counsel for City Council of the City of Richmond, Virginia

Bonnie M. Ashley, Esq.

Deputy City Attorney
900 East Broad Street, Suite 400
Richmond, VA 23219
T: 804-646-7940
F: 804-646-6653
Bonnie.Ashley@rva.gov
Counsel for City Council of the City of Richmond, Virginia

Tabrica C. Rentz, Esq.

Deputy City Attorney
900 East Broad Street, Suite 400
Richmond, VA 23219
T: 804-646-7940
F: 804-646-6653
Tabrica.Rentz@rva.gov
Counsel for City Council of the City of Richmond, Virginia

________________________________
Christopher Robertson, Esq.