
    CIRCUIT COURT OF HENRICO COUNTY
    Commonwealth of Virginia, ex rel. Mary Sue Terry, Attorney General v. Community Benefit Services, Inc., d/b/a CBS Telemarketing, Inc., and d/b/a Children’s Traveling Museum, James R. Nordmark, and Susan Nordmark
    December 10, 1991
    Case No. CH91000574-00
   By Judge L. A. Harris, Jr.

The above matter is before the Court on the plaintiff’s motion for summary judgment on Count Two of the Bill of Complaint. After a consideration of the legal arguments, both written and oral, and a consideration of the appropriate authorities, I conclude that CBS was in fact a “charitable organization” as defined in § 57-48 of the Code of Virginia. Therefore, CBS was required to “duly register” prior to soliciting in the Commonwealth. The Commonwealth requests that both an injunction be entered and a judgment in the amount of $26,625.50 be awarded. However, there appears to be a factual dispute as to the efforts made by CBS to register prior to commencing their activities and the position taken by the Commonwealth when confronted with these efforts. Because I feel that evidence on this issue will be relevant to the final disposition of the case, I will enter no monetary judgment at this time, but I will allow each party to present evidence on this conduct at an ore tenus hearing.

Since I have concluded that CBS is required to register prior to soliciting in the Commonwealth, I will enter an injunction prohibiting any future violations of § 57-57(K) of the Code of Virginia.  