F.C. Files for ‘Injunctive Relief’ in Water Cases

The City of Falls Church has filed two complaints in Arlington Circuit Court seeking “declaratory judgment” and “injunctive relief” on behalf of its Commissioner of the Revenue Tom Clinton against legal claims from Fairfax County apartment buildings and individuals seeking refunds for water use payments to the City.

In filings, Clinton, the plaintiff, requests the court declare that the defendants “are not entitled to rest any claim for a tax refund on the ruling of the Circuit Court of Fairfax County in the Water Authority Case,” and that the court “grant the Commissioner such other and further relief as the Court may deem appropriate.”

The filings argue, essentially, that while the Fairfax Court ruling pertains to an improper transfer of funds from the Falls Church Water System to the City of Falls Church’s operating fund, the sum the Falls Church Water System charged its customers was not a tax. They add that the defendants in the two filings also are asking for relief greater than that sought by Fairfax Water in its suit against Falls Church. Twenty individual residents, one business and three apartment complexes in Fairfax County are named as defendants.