IN THE CIRCUIT COURT OF FAIRFAX COUNTY
JEAN MARY O'CONNELL NADER,
ANTHONY MINER O'CONNELL,
Individually and in his capacity as
Trustee under a Land Trust Agreement
Dated October 16, 1992 and as
Trustee under the Last Will and
Testament of Harold A. O'Connell, et al.
Case No. 2012-13064
MOTION FOR TEMPORARY INJUNCTION
COMES NOW the Plaintiff, Jean Mary O'Connell Nader, by counsel, and moves this
Court pursuant to Va. Code § 8.01-629 for a temporary injunction for the purpose of continuing
the term of the Land Trust pending a Final Order in this action. In support of her motion,
Plaintiff states the following.
1. This is an action by which Plaintiff seeks to, inter alia, remove Defendant
Anthony M. O'Connell as trustee under a Land Trust Agreement dated October 16, 1992 (the
"Land Trust"). The beneficiaries under the Land Trust are Plaintiff and her siblings, Defendants
Sheila O'Connell and Anthony M. O'Connell, individually.
2. As alleged in the Complaint, the Land Trust holds title to certain real property
(the "Property") consisting of approximately 15 acres located near the Franconia area of Fairfax
3. The terms ofthe Land Trust Agreement provide for the termination ofthe trust on
October 16, 2012 and, upon the termination date, the trustee is directed to convey record title of
the Property to the beneficiaries or sell the Property at a public sale.
4. A conveyance ofthe Property to the beneficiaries or a public sale ofthe Property
before a Final Order has been entered in this case would result in irreparable harm to the
Plaintiff, as a beneficiary ofthe Land Trust.
5. As ofthe date ofthe filing ofthis Motion, Defendant Sheila O'Connell has been
served with the Complaint and the time period for her to file an answer is pending. Upon
information and belief, Defendant Anthony M. O'Connell has filed a response to the Complaint,
which consisted of a one-page letter directed to the Clerk of Court, and the filing of numerous
documents and records containing his annotations.
6. By his own admission, Defendant Anthony M. O'Connell, as trustee, has not paid
the real estate taxes on the Property or sold the Property, contrary to the terms in the Land Trust
7. Under the circumstances, the likelihood of success on the merits and the balance
of equities favor the Plaintiff.
8. It is in the public interest to allow the Trust to continue in order for Plaintiff to
pursue a remedy that will allow for the orderly sale ofthe Property for the benefit of the
beneficiaries of the Trust.
WHEREFORE, Plaintiff Jean O'Connell Nader, by counsel, respectfully requests the
entry of an Order as follows:
A. Providing injunctive relief in the form of continuing the term of the Land Trust
until such time as a Final Order has been entered in this case;
B. Enjoining Anthony M. O'Connell, as trustee under the Land Trust Agreement,
from conveying record title ofthe Property to the beneficiaries or selling the
Property at a public sale; and
C. For all such further relief as this Court deems reasonable and appropriate.
JEAN MARY O'CONNELL NADER
BLANKINGSHIP & KEITH, P. C.
4020 University Drive
Fairfax, VA 22030
FAX: (703) 691-3913
CERTIFICATE OF SERVICE
I hereby certify that on this 2~ day of September, 2012, a true and correct copy of
the foregoing Motion for Temporary Injunction was sent as follows:
By regular and electronic mail to:
Anthony Miner 0'Connell
439 S. Vista Del Rio
Green Valley, AZ 85614
By regular mail to:
Sheila Ann 0'Connell
663 Granite Street
Freeport, ME 04032