UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 06-4167
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
versus
PETER F. BLACKMAN,
Defendant - Appellant.
Appeal from the United States District Court for the Western
District of Virginia, at Charlottesville. Norman K. Moon, District
Judge. (3:04-cv-00046-nkm)
Argued: February 2, 2007 Decided: May 31, 2007
Before WILKINS, Chief Judge, and SHEDD and DUNCAN, Circuit Judges.
Affirmed by unpublished per curiam opinion.
ARGUED: James Herr Rodio, HOLLAND & KNIGHT, L.L.P., McLean,
Virginia, for Appellant. William Frederick Gould, Assistant United
States Attorney, OFFICE OF THE UNITED STATES ATTORNEY,
Charlottesville, Virginia, for Appellee. ON BRIEF: David S. Black,
HOLLAND & KNIGHT, L.L.P., McLean, Virginia, for Appellant. John L.
Brownlee, United States Attorney, Roanoke, Virginia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Peter F. Blackman appeals his conviction for misdemeanor
criminal contempt. Finding no error, we affirm.
I.
In 2002, Blackman purchased Eastern View Farm, a historic
manor house located on a 250-acre site in Louisa County, Virginia.
When he purchased the property, Blackman envisioned substantially
remodeling and enlarging the house. Because the entire property
was subject to a preservation easement monitored by the National
Park Service (NPS or Government), Blackman submitted three drafts
of renovation plans detailing his proposed changes to the house.
The renovation plans called for removing the existing front porch,
raising the kitchen porch roof, adding windows, replacing the
siding, and enlarging the basement. Blackman also wanted to alter
the footprint of the home from a “T-plan” to an “H-shaped plan” by
constructing a “south addition” and a sun room. The NPS rejected
all three sets of renovation plans submitted by Blackman.
Blackman and the NPS reached an impasse by the fall of 2003.
Deciding that submitting additional proposed renovation plans to
the NPS would be futile, Blackman retained an attorney. In a
letter dated January 13, 2004, Blackman (through his attorney)
stated that he would “commence the Rehabilitation at a time of his
choosing, without further notice to [the NPS], in accordance with
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the attached elevations.” J.A. 25. The NPS responded that
Blackman would be violating the historic easement if he proceeded
with his renovation plans without NPS approval. Subsequently,
Blackman removed the front porch from the home.
On June 14, 2004, after the porch was removed, the NPS sought
declaratory and injunctive relief in the district court. Of
interest to both parties was the siding on the manor house, which
the Government considered part of the historic value of the
property and therefore protected by the easement. Two days later,
the district court granted a temporary restraining order
prohibiting Blackman from undertaking any renovation work on the
home, including the removal of the siding, “unless he ha[d] first
obtained written approval from the [NPS].” Id. at 30.
In July 2004, Blackman requested approval to remove sections
of deteriorated siding in order to prevent additional water damage
and decay. The NPS denied his request. During an August 2004
injunction hearing, both parties focused their arguments on whether
Blackman should be able to remove the historic siding from the
home. According to the NPS, “the historic siding was the only
significant construction/demolition issue” at the time of the
hearing because Blackman had already removed the front porch.
Appellee’s Br. at 3. Blackman presented evidence from two experts
who testified that removal and replacement of the siding were
required to preserve the house in its present condition. One of
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Blackman’s witnesses also testified that the house was contaminated
with toxic mold that threatened the health of the inhabitants.
The district court subsequently entered a preliminary
injunction prohibiting Blackman from “engaging in any type of
renovation” without prior NPS approval. J.A. 37. Blackman was
allowed to undertake “basic maintenance and preservation of the
manor house in its present state” without obtaining NPS approval.
Id.
In January 2005, Blackman removed the siding from three
exterior walls of the home and wrapped the exposed walls with
Tyvek, a fiberglass sheathing product designed to repel water. The
work was done without prior NPS approval or court permission. The
Government moved for an order requiring Blackman to show cause why
he should not be held in criminal contempt. The motion was
granted. Based on Blackman’s actions, the district court found
Blackman guilty of misdemeanor contempt of court for violating the
preliminary injunction and fined him $4,000.
II.
Having reviewed the parties’ briefs and the applicable law,
and having had the benefit of oral argument, we conclude that there
was sufficient evidence to support the determination of the
district court that Blackman willfully violated the clear terms of
the preliminary injunction. See Richmond Black Police Officers
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Ass’n. v. City of Richmond, 548 F.2d 123, 129 (4th Cir. 1977)
(stating standard of review). Accordingly, Blackman’s conviction
for criminal contempt is affirmed.
AFFIRMED
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