Judge Allows City to Include Fairfax in Water War Lawsuit

Falls Church won a minor victory in Fairfax Circuit Court last Friday when Judge Leslie Allen ruled that the City could include the County and its Board of Supervisors in its countersuit against the Fairfax County Water Authority (FCWA).

This is the first time a court has ruled in the City’s favor on any significant issue since the series of lawsuits began in 2007.  That year Falls Church lost a suit against FCWA in Federal District Court.  The City’s appeal of that finding later was turned down.

Last December FCWA filed against Falls Church in the Circuit Court.  After failing to have the case dismissed, the City countersued FCWA on May 8 and included the County and the Board in its filing.

Judge Allen’s ruling states that both entities are “necessary parties” with regard to three of the counts in FCWA’s amended complaint, i.e., the Authority’s claim against the City.  The judge also ruled that the
County and the Board may seek a continuance.

The case now is scheduled for trial on September 14.  However, if a continuance is requested and granted, the trial may be delayed for several months.

A copy of Judge Allen’s handwritten (though not entirely legible) order and nine other documents related to the case may be found on the City’s website.

On Tuesday night the Council unanimously approved (6-0, with Mr Snyder absent) the first reading of an ordinance which will, in part, allocate $725,000 to the Water Fund for legal expenses.  Chief Financial Officer John Tuohy advised that this would be sufficient to cover the costs of the litigation through trial.  Second reading of the ordinance will be held on June 8.

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The Falls Church Times has featured both reporting and commentary on the ”Water War” between Falls Church and Fairfax County:

Reports

[May 21] Having Lost One Lawsuit, City Files Another

[April 16] Part 1: A Tale of Two Lawsuits

[April 17] Part 2: How City Lost Suit Against Fairfax County

[April 21] Part 3: An Appeal Denied

[April 23] Part 4: The Authority Strikes Back

Commentary

[May 4] OPINION: Settle the Water Litigation Now

[May 4] COMMUNITY COMMENT: Reasons to Resolve Water Dispute