Falls Church officials are asking a circuit court judge to block lawsuits filed by dozens of Fairfax County residents and businesses demanding several hundred thousand dollars in refunds on past water bills. The city filed two separate cases in Arlington County Circuit Court on behalf of Tom Clinton, the Falls Church revenue commissioner, asking the court to declare that the Fairfax customers are not entitled to refunds and that the commissioner is not obligated to pay them.
Officials also asked the court to prevent any of the defendants from suing for refunds or filing a petition that states that Clinton, in his official capacity as revenue commissioner, is required by law to correct erroneous assessments made on Falls Church water bills.
Falls Church’s request, however, makes no mention of the lawsuits filed against it by the Fairfax County Board of Supervisors or the Fairfax County School Board, both of which are making similar demands for refunds on water bills from 2007 to 2009 totaling nearly $150,000.
“While the city is continuing to conduct a comprehensive legal review of the ongoing litigation, it was necessary to respond now to these cases,” Falls Church spokeswoman Barbara Gordon said in a statement. “The city is asking the Arlington County Circuit Court to declare that the commissioner of the revenue does not have an obligation to issue refunds demanded by the plaintiffs’ lawyers.”
Gordon said a ruling last year by a Fairfax County Circuit Court judge, which declared Falls Church’s practice of transferring water revenue into the city’s general fund to pay the costs of other programs an unconstitutional, extraterritorial tax, “did not involve or order refunds.”
Three apartment complex owners, represented by attorney Tim Hyland, last month sued Falls Church in Fairfax County Circuit Court for more than $100,000 in refunds. And attorneys John Bennison and Burt Rubin sent a letter to Falls Church insisting that Clinton pay refunds to dozens of Fairfax County residents and businesses. According to Rubin, their clients have all since sued Falls Church in two joint cases.
“As far as I can recall, our Constitution provides that citizens are entitled to petition the government for redress of grievances.” Rubin said. “I don’t know why the city of Falls Church would want to interfere with that process.”
