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Leesburg water-rate lawsuit goes to trial
Out-of-town residents who receive Leesburg utility services at twice the expense of those in town received good news June 6. The Virginia Supreme Court ruled in favor of sending their lawsuit fighting the town's rates back to Loudoun County Courts for trial.
The Supreme Court decision upheld an April 2007 Loudoun County Circuit Court decision that ruled residents living outside the Leesburg town limits could proceed with a lawsuit against the town. These residents complained that their water rates are too high.
One-fourth of the 15,000 residents who receive Leesburg utility services live outside of the town limits, said Randy Shoemaker, Leesburg's director of utilities.
The out-of-towners -- seven individual homeowners and three homeowners associations -- brought a civil-action suit against the Town of Leesburg in October 2006, after the town council approved rate increases in December 2005.
The town's defense argued that the case should not go to trial because the 30-day statute of limitations to file a complaint had passed before the out-of towners filed their lawsuit.
The county court ruled that the time limit did not apply, and the town appealed that decision to the Virginia Supreme Court, which now also has ruled in favor of the out-of towners.
So the case will go to trial.
“This is not over,” said Leesburg Town Attorney Jeanette Irby, who said the Supreme Court's decision did not say the rate increase was unfair, but that it could go to trial for argument.
Irby already has filed a motion with the Loudoun courts, which is scheduled to be heard July 7, arguing that the council had the right to raise the rates and that the lawsuit should be dropped.
“The next step is to actually proceed with the trial,” Irby said.
Attorney Michael Quinan, who represents the out-of town residents said: “I think it's the right opinion. The court agreed with out arguments. Now we can move forward.”
He said he was not surprised with the verdict. Quinan has asked, on behalf of his clients, that the out-of town water rates be lowered and that these residents be reimbursed by the town for the difference of the current rate and the reduced rate.
Out-of-towners have been charged the higher rate since January 2006.
Contact the reporter at hhobbs@timespapers.com
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