STEPHENS CITY LAWSUIT AND RATE INFORMATION

STEPHENS CITY RATES

These documents may be viewed at the links below:

Rate Calculation Procedures and all supporting documents

FY18 Stephens City Rate Letter

Town of Stephens City FY2018 Rates Calculations

 

STEPHENS CITY LAWSUIT

 

In March of 2015, the Town of Stephens City stopped paying Frederick Water for water or wastewater services that Frederick Water provides to the town’s residents. On August 28, 2015, the town then sued Frederick Water over its water and wastewater contracts in the Circuit Court of Frederick County.

The town’s complaint requested money from Frederick Water for allegedly erroneous billing and alleged excess pumping from the town’s quarries, as well as seeking a court order holding that Frederick Water no longer was authorized to pump water from the quarries in accordance with the town’s water contract with Frederick Water. On Frederick Water’s motion, the town’s initial complaint was largely dismissed in the fall of 2015, including the town’s claim that Frederick Water’s right to pump water from the quarries had expired.

However, in January of 2016, the town filed an amended complaint. This filing reasserted the theory that the right to take water had expired and added the allegation that numerous agreements the town had entered into with Frederick Water are invalid because allegedly adopted without the requisite approvals by the Town Council and notice to the public. Frederick Water filed responsive pleadings, seeking dismissal of the town’s amended complaint as well.

On July 27, 2017, the Circuit Court of Frederick County sustained Frederick Water’s demurrer and dismissed most of the claims made in the town’s amended complaint. Among the rejected claims was the town’s argument that the agreements were invalid because allegedly adopted without observance of the requirements that generally apply to sales of certain property rights held by towns. The court agreed with Frederick Water that these requirements did not apply to the transfers between the town and Frederick Water, another political subdivision of the commonwealth. As before, the town’s claim that Frederick Water’s right to pump water from the quarries had expired was rejected by the court and dismissed.

Per the court’s scheduling order, the parties are presently briefing Frederick Water’s second responsive pleading, which seeks dismissal of most of the remaining claims in the town’s amended complaint based on the statute of limitations.

These court filings may be viewed at the link below.

On October 27, 2017, the Circuit Court denied all three (3) of the Town of Stephens City’s Motions.

  1. The Town’s Motion to Compel and Motion for Entry of Second Supplemental Scheduling Order. Denied.
  2. The Town’s Motion for a Preliminary Injunction Barring use of the Bartonsville Well. Denied.
  3. The Town’s Motion for a Preliminary Injunction Relating to Wastewater. Denied.

A hearing on the entry of Orders denying the Town of Stephens City’s motions will be held on December 6, 2017.

 

PRESS RELEASES

06-30-2017 Press Release

06-28-2017 Press Release

 

ORDERS

07-27-2017 Order on Demurrer

05-08-2017 Virginia Supreme Court Designation of Judge

01-11-2017 Recusal Order

12-31-2015 Court Order amending Nov. 25, 2015, Order Sustaining Demurrer to Town’s Complaint

11-25-2015 Order Sustaining Demurrer to Town’s Complaint

 

FILINGS

11-28-2017 Frederick Water’s Opposition to Town’s Motion to Transfer Venire

11-28-2017 Frederick Water’s Opposition to Motion for Leave to Increase Ad Damnum and to File Second Amended Complaint

11-22-2017 Town’s Memorandum in Support of Motion for Leave to Increase Ad Damnum

11-21-2017 Frederick Water’s Motion for Entry of Proposed Orders from October 27 Hearing

11-21-2017 Frederick Water’s Motion for Discovery Sanctions and to Compel a Property Response to Discovery

10-20-2017 Frederick Water’s Opposition to Town’s Motion to Compel and Motion for Entry of Second Supplemental Scheduling Order

10-20-2017 Frederick Water’s Brief in Opposition to Motion for Temporary Injunction to Bar Use of the Bartonsville Well

10-20-2017 Frederick Water’s Brief in Opposition to Motion for Temporary Injunction Relating to Connection Issues

09-22-2017 Town’s Motion to Compel and Motion for Entry of Second Supplemental Scheduling Order

09-22-2017 Town’s Motion for Temporary Injunction

09-22-2017 Town’s Motion for Temporary Injunction to Bar Defendant’s Use of the Bartonsville Well

08-25-2017 Town’s Demand for a Jury Trial

07-20-2017 Town’s Motion to Transfer Venire

07-20-2017 Town’s Motion to Increase Ad Damnum and File Second Amended Complaint

07-27-2017 Cover Letter to Clerk with Original June 28, 2017, Demurrer Hearing Transcript

01-10-2017 Frederick Water Reply Brief in Support of Frederick Water’s Plea in Bar to Town’s Amended Complaint

12-28-2016 Town’s Brief in Opposition to Frederick Water’s Plea in Bar to Town’s Amended Complaint

12-7-2016 Frederick Water’s Memorandum in Support of Plea in Bar to Town’s Amended Complaint (with Exhibits)

11-18-2016 Frederick Water’s Reply in Support of Demurrer and Motion to Dismiss Town’s Amended Complaint

11-09-2016 Town’s Brief in Opposition to Frederick Water’s Demurrer and Motion to Dismiss Town’s Amended Complaint

09-16-2016 Frederick Water’s Brief in Support of Demurrer and Motion to Dismiss Amended Complaint

06-24-2016 Frederick Water’s Plea in Bar Founded on Statute of Limitations to Town’s Amended Complaint

06-24-2016 Frederick Water’s Demurrer and Motion to Dismiss Town’s Amended Complaint

01-19-2016 Town’s Amended Complaint and Exhibits Part 2

01-19-2016 Town’s Amended Complaint and Exhibits Part 1

12-10-2015 Frederick Water’s Objection and Motion to Amend Nov. 25, 2015, Order sustaining Demurrer to Town’s Complaint

12-7-2015 Town’s Objections to Nov. 25, 2015, Order Sustaining Demurrer to Town’s Complaint

10-31-2015 Frederick Water’s Reply to Town’s Opposition to Frederick Water’s Demurrer and Motion to Dismiss Town’s Complaint

10-26-2015 Town’s Opposition to Frederick Water’s Demurrer and Motion to Dismiss Town’s Complaint

10-16-2015 Frederick Water’s Brief in Support of Demurrer and Motion to Dismiss Town’s Complaint

09-21-2015 Frederick Water’s Demurrer and Motion to Dismiss Town’s Complaint

08-28-2015 Town’s Complaint and Exhibits