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<br />90 <br /> <br />TUESDAY <br /> <br />SEPTEMBER 9, 1975 <br /> <br />asked to be heard first and was so granted this privilege, with Mr. Frith, <br /> <br />on behalf of his client, registering objections to the allowing of City <br /> <br />Attorney Worthy to offer comments on the grounds that the law firm, of which <br /> <br />Mr. Worthy is a member, has legally represented one of the opponents (Mr. <br /> <br />Roy C. Stone and Mr. Stone's various business interests) to the proposed <br /> <br />property rezoning for many years; that Mr. Worthy had advised, in earlier <br /> <br />proceedings on this matter, that Mr. James H. Ford, Attorney at Law and <br /> <br />Chairman of the City's Planning Commission, should withdraw as counsel for <br /> <br />Nationwide Homes in these proceedings, for which Nationwide Homes had <br /> <br />initially retained Mr. Ford; and that City Attorney Worthy's questioning of the <br /> <br />aforesaid Mr. Charles Barnes at the public hearing conducted by Council at its <br /> <br />August 26th meeting tended to bring out testimony favoring the opponents of the <br /> <br />proposed rezoning. Mr. Frith then suggested that the City Attorney obtain an <br /> <br />opinion from the Virginia Attorney General as to whether Mr. Worthy, in his <br /> <br />position as City Attorney, has a conflict of interest in this matter. Attorney <br /> <br />Kiser, on behalf of his clients (opposing the proposed property rezoning), <br /> <br />interposed the contention that petitioner for rezoning has had ample time, <br /> <br />during the weeks the request has been considered, to have raised any challenge <br /> <br />inferring a conflict of interest on the part of the City Attorney and, if it <br /> <br />were going to inject such a challenge, it could have and should have done so <br /> <br />before now. In response to Attorney Frith, City Attorney Worthy pointed out that <br /> <br />his firm's representation over the years of the Roy C. Stone interests is no <br /> <br />secret but had refused, although requested, to represent Mr. Stone and his <br /> <br />interests in opposition to the Nationwide Homes' rezoning request, because of <br /> <br />his (Mr. Worthy's) position as City Attorney and legal advisor to City Council. <br />