TOWN OF LEESBURG v. GIORDANO

Record Nos. 091455, 092329.

701 S.E.2d 783 (2010)

TOWN OF LEESBURG v. Steve GIORDANO, Jr., et al.

Supreme Court of Virginia.

November 4, 2010.


Attorney(s) appearing for the Case

Monica Taylor Monday ( Gregory J. Haley ; James J. O'Keeffe , Roanoke; Jeanette A. Irby ; Gentry, Locke, Rakes & Moore, on briefs), for appellant.

Michael J. Quinan ( Cliona Mary Robb ; Belinda D. Jones , Richmond; Christian & Barton, on brief), for appellees.

Amicus Curiae: Virginia Municipal League ( L. Lee Byrd ; Andrew R. McRoberts , Richmond; Mark K. Flynn ; Sands Anderson , on brief), in support of appellant.

Amici Curiae: Virginia Association of Counties, Virginia Water and Waste Authorities Association, County of Fairfax, County of Loudoun, and Fairfax County Water Authority ( Phyllis A. Errico , Richmond; David P. Bobzien , County Attorney; Cynthia L. Tianti ; Deputy County Attorney; Ellen F.M. Posner , Assistant County Attorney; Stanley M. Franklin ; Mark M. Viani ; John R. Roberts , County Attorney; Stuart A. Raphael ; McGuireWoods; Hunton & Williams, McLean, on brief), in support of appellees.

Present: KOONTZ, KINSER, LEMONS, MILLETTE, and MIMS, JJ., CARRICO and RUSSELL, S.JJ.


Opinion by Justice LEROY F. MILLETTE, JR.

In this appeal, we consider whether the circuit court erred in ruling that the Town of Leesburg failed to present sufficient evidence to meet its burden under the fairly debatable standard in a challenge to a town ordinance that imposes a 100% surcharge on water and sewer consumption rates charged to residents of Loudoun County who reside outside of the Town of Leesburg.

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