Purcellville budget vote lawsuit dismissed,council members refile

By Valerie Cury

Council members Erin Rayner, Kevin Wright and Caleb Stought filed the civil action in October, asking the court to determine whether the Town Council must meet a supermajority voting threshold when approving a budget. The lawsuit was filed after the three members were outvoted on a tax-rate vote that would have significantly increased taxes, and ahead of upcoming budget deliberations for fiscal year 2027.

The legal challenge followed a 4-3 vote last spring in which the council adopted a tax rate by simple majority. At the time, then-Town Attorney John Cafferky advised the council that state law requires a two-thirds vote only to impose a new tax, not to change an existing tax rate. That interpretation was consistent with guidance previously provided by the town’s former attorney.

Despite that advice, Rayner, Wright and Stought sought judicial intervention, asking the court to override the town’s legal interpretation and clarify how many votes are required for future tax-related actions.

During a Jan. 23 hearing, Loudoun County Circuit Court Judge Stephen E. Sincavage granted the town’s motion to dismiss the case, finding that the complaint did not meet the legal standard necessary for a declaratory judgment. The court concluded that the filing failed to demonstrate how the plaintiffs’ legal rights had been denied or infringed.

Town Attorney Robert Sproul argued that the court could not rule on a past tax vote or issue guidance on future council actions. While acknowledging there was disagreement over the interpretation of state law, Sproul said the court was being asked to issue an advisory opinion, which is not permitted.

Attorney Sarah Bruns, representing the three council members, said clarification was needed with another tax-rate vote expected as soon as March. She argued that setting tax rates is one of the most significant responsibilities of local government and should be resolved definitively before future votes take place.

Sincavage sustained the town’s demurrer but granted the plaintiffs leave to amend their filing. The council members have until Feb. 13 to submit a revised complaint addressing the deficiencies identified by the court.

Their lawsuit has been refiled on Jan. 30, and will proceed. A trial is currently scheduled for April 15. Attorneys for both sides indicated the matter could potentially be resolved through written briefs, a process that could result in a ruling before the next scheduled tax vote.

While state law is widely understood to require a two-thirds vote to impose a new tax, localities have operated under the interpretation that changes to existing tax rates can be approved by a simple majority vote.