Court Ruling Reshapes Purcellville Governance Under State Law

By Valerie Cury

On May 28, Loudoun County Circuit Court Judge Randy I. Bellows upheld the constitutionality of a recently enacted state law and ordered the immediate suspension of Purcellville Vice Mayor Ben Nett and Town Manager Kwasi Fraser while felony criminal charges against them remain pending.

Bellows issued the ruling after hearing arguments from Ryan Campbell, counsel for Nett, and John Boneta, counsel for Fraser. Special Prosecutor and Stafford County Commonwealth’s Attorney Eric Olsen appeared on behalf of the Commonwealth and argued that the legislation had been lawfully enacted and should be enforced.

Sponsored by State Senator Russet Perry, SB 648 was written to apply only to towns within Planning District 8 with populations between 8,000 and 10,000 residents based on the most recent U.S. Census. Purcellville is the only town within Perry’s Senate district that falls within those parameters, making it the only locality in her district subject to the legislation’s provisions.

The legislation contains several provisions affecting the Town of Purcellville, including:

• Requires the suspension of any town officer facing felony criminal charges while the criminal case and any related removal proceedings are pending. A court may appoint a suitable person to serve in the officer’s place during the suspension.
• Requires the Town of Purcellville to commission an independent study evaluating the condition of the town’s debt, infrastructure, utilities and other significant liability risks.
• Requires the study to be conducted by a public institution of higher education with at least 15,000 students in consultation with the chief administrative officer of a locality in Planning District 8 with a population of at least 500,000 residents.
• Requires the study to identify and prioritize the town’s needs and make recommendations, including possible amendments to the town charter. The study must be completed by July 1, 2027.
• Requires the town to adopt a plan consistent with the study’s recommendations in a fiscally responsible manner that does not jeopardize the town’s bond rating.
• Prohibits the Town Council from voting on matters that have not been published on a council agenda at least three days before the meeting unless three-fourths of all council members vote at the start of the meeting to add the item or amend an existing agenda item.
• Gives any Purcellville resident standing to challenge in court a council vote that allegedly violates the agenda requirements or certain provisions of Virginia’s conflict-of-interest laws.
• Allows a prevailing resident in such a lawsuit to recover attorney fees.
• Requires any full-time town manager to be a resident of Virginia unless the Town Council waives that requirement by a majority vote.
• Establishes a continuing conflict-of-interest provision under which a member of a governing body who previously worked for a governmental agency under that body’s control is deemed to have a
  continuing personal interest in that agency for two years after leaving employment.
• Provides that the legislation expires on July 1, 2028.

Virginia operates under the Dillon Rule, a legal doctrine that grants local governments only those powers specifically authorized by the Virginia General Assembly. Unlike “home rule” states, where municipalities enjoy broader autonomy, Virginia’s towns, cities and counties derive their authority from state law.

Because of this framework, the General Assembly maintains substantial oversight of local governments and may enact legislation governing local operations, procedures and powers. The issue has become particularly relevant in Purcellville, where state legislation enacted during the 2026 General Assembly session directly affects the town’s governance and administrative procedures.

The decision also has political ramifications for the Town Council. A majority of the current council was elected after campaigning on priorities that included managing growth, limiting taxes and increasing government efficiency. With Nett suspended from office, that majority no longer exists, leaving the council evenly divided and potentially affecting the outcome of future votes.

The criminal cases against Nett and Fraser involving allegations of bid-rigging and fraud are currently scheduled for trial Dec. 7. Nett’s separate trial on four felony counts involving alleged improper database access is scheduled for Oct. 26.