The Fairfax County Board of Supervisors sued the city of Falls Church on Tuesday, opening another round of litigation between the county and the city over Falls Church’s water fees. The case was one of three filed against the city Tuesday. The owner of an apartment complex in Tysons also sued Falls Church for $22,781 in overcharged taxes between 2007 and 2009.
A third lawsuit took a different tack. Three apartment complex owners jointly sued to force Falls Church to reimburse all Fairfax County customers it overcharged in the past, a move that, if successful, would allow thousands of county residents and businesses to receive reimbursements from Falls Church without filing lawsuits of their own.
The new filings bring to five the number of cases filed so far against Falls Church over its water charges. All of the cases cite a January ruling in Fairfax County Circuit Court that said Falls Church was assessing an “unconstitutional and extra-territorial water tax” by overcharging its Fairfax County customers and transferring the extra revenue to the city’s general fund, where it was used to fund routine city functions. The Virginia Supreme Court denied an appeal from Falls Church in November.
Fairfax County said it is owed $127,877 in overcharges paid on water used in county buildings.
Attorney Tim Hyland sued on behalf of Tysons View Apartments, Idlywood Village West apartments and Providence Hall Apartments. The petition states that the Falls Church revenue commissioner, Tom Clinton, is obligated to correct the city’s “improper and obviously erroneous imposition of taxes” by issuing refunds now that the courts have ruled in favor of Fairfax County.
The three apartment complexes Hyland represents seek a total of nearly $120,000 from Falls Church. The petition also states that “all others similarly situated” should also be refunded.
The three-year statute of limitations required the lawsuits against Falls Church to be filed by year’s end if the county and private customers wanted to claim refunds from fees they paid in 2007.
Hyland sent a letter outlining his request to Clinton on Dec. 22, but said he received no response before filing.
Falls Church spokeswoman Barbara Gordon said the city has not received a copy of any filings from Tuesday and declined to comment.
Hyland filed two other claims against Falls Church last week. Falls Church officials have declined to comment on those lawsuits as well.
