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Portsmouth council moves into closed session to consult with legal counsel in two pending lawsuits
Summary
City Council voted to go into a closed meeting under Virginia Code §2.2-3711(A)(7) to consult with legal counsel about two pending Circuit Court cases involving local restaurants; Vice Mayor Moody read the motion and the clerk called the roll.
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Vice Mayor Moody moved that City Council go into a closed meeting "pursuant to Virginia code subsection 2.2-3711(a)(7) for the purpose of consultation with legal counsel pertaining to actual or probable litigation where such consultation in open meeting would adversely affect the negotiation or litigating posture of the public body," identifying two pending Circuit Court cases by name and case number.
The motion named City of Portsmouth v. Griffs Restaurant and Sports Lounge and JDF Holdings LLC, Portsmouth Circuit Court case number CL25001466-00, and City of Portsmouth v. Swenson Restaurant Corporation, Portsmouth Circuit Court case number CL25001599-00. Vice Mayor Moody read the motion aloud in the public meeting.
Clerk Deborah White called the roll for the closed-session motion. The roll-call responses recorded in the transcript were in the affirmative: Miss Bryant—yes; Doctor Dodson—yes; Mister Hugo—(indicated yes); Mister Moody—yes; Miss Thomas—yes; Mister Tillett—yes; Mayor Mary Glover—yes. The motion carried and the council entered the closed meeting.
After the closed meeting, council followed the required certification procedure under the Virginia Freedom of Information Act. During the certification roll call, one member recorded a reluctant yes but did not identify a substantive deviation from the stated purpose on the public record; the transcript notes the certification motion and the recorded votes.
The council did not discuss the substance of the litigation in open session. The motion and roll-call record were the public actions taken on the item.

