Fairfax County Court Dismissed 14 Refund Cases Against Falls Church Water

After months of public meetings, discussions and hearings, a Fairfax County Circuit Court judge dismissed 14 consolidated refund cases against Falls Church Water on Thursday.

Judge Jane Marum Roush ruled the right to seek a “tax” refund is created by statute and that the statute expressly required that the suit be filed in the city where the assessment is made. She also ruled the lawsuits were filed in the wrong court and that warranted the dismissal of the cases. According to court documents, based on the evidence, authorities and arguments of counsel, that the motions to dismiss should be granted.

City Manager Wyatt Shields said the cases against the water company were filed in Fairfax County courts and should have been filed in Arlington County courts. The city maintains the claims for refunds are baseless.

“We think it’s the right ruling,” Shields said during a telephone interview Friday. “We’re pleased the court agreed with the city.”

In late 2010 and early 2011, several , arguing they were overcharged for services. In May, the City of Falls Church City Council . According to a press release Thursday from the City of Falls Church: Late in 2010 and early 2011, the City was sued by several City water customers for refunds based on Judge R. Terrence Ney’s decision in Fairfax County Water Authority v. City of Falls Church.  That ruling enjoined the City from “transferring any moneys from its water fund to its general fund for purposes unrelated to the water system, including the ‘management fee’ transfer for the City’s Fiscal Years 2009 and 2010.”  The ruling did not call for refunds.