Fairfax County supervisors attacked state transportationofficials Monday for what they said was a plan to divert $5.6 million in local highway money to pay for damages awarded in a court ruling.
The Supreme Court of Virginia last month upheld a lower court decision in favor of national “big-box” retailer Target, which had sued the state for damages based on a loss of visibility in one of its Fairfax stores after the construction of the Roberts Parkway.
Supervisors said Monday they had been informed of the state officials’ plan to compensate the retailer out of the Fairfax County Secondary Road Program, a fund used for the county’s highway construction and maintenance needs.
“I think it’s unacceptable that the county would be penalized when the state loses a court case,” said Board of Supervisors Chairman Gerry Connolly.
Connolly and other board members urged Virginia’s Transportation Secretary, Pierce Homer, to find another source of revenue.
Homer, however, said no decision has been made on how to pay Target.
“I don’t think you can say that there has been a final determination,” Homer said. “We need to research and digest the legal decision and then come back and figure out the best solution. I don’t think that in this instance, given the very recent nature and very expensive nature of that court decision, that anyone can say what would be the appropriate funding source.”
