In the first action of the mammoth City of Falls Church V. Fairfax Water Authority trial that commenced this morning in the Fairfax Circuit Court, Judge Nye ruled against a motion by the City of F.C. to exclude an “expert witness,” after a lengthy set of arguments from both sides. F.C. counsel argued that the witness already indicated in a written report a “absolutist” prejudice against existing state law, and that the entire Fairfax case hinges on the expert’s interpretation.
Judge Nye said that in this complex case, which he expects will take two weeks to resolve, it is too early to exclude any information, and that he can parse the difference between fact and opinion in the witness’ presentation. The case was expected to recess at 3 p.m. today, and be resumed at 9:30 a.m. Tuesday.