• Press Release: Settlement Reached in Litigation between Fairfax Water And the City of Falls Church

• PRESS release: Fairfax Water agrees to modify final decree

• PRESS RELEASE: Falls Church Found in Violation of Virginia Constitution and its own Charter

• Fairfax Water Chairman's Letter to the Editor of the Falls Church News Press (Full Text)

• Open Letter to Our Customers Regarding Litigation with the City of Falls Church

Litigation with the City of Falls Church
Listed below are links to key documents related to the litigation.

• NEW! Consent Decree (resolving antitrust dispute) (Feb. 25, 2010)
• NEW! Trial Transcript (antitrust case; Counts I, II, IV) - Days 1-4 (Feb. 1-4, 2010)
• Order (Feb. 4, 2010) (continuing trial until Mar. 1 to permit settlement discussions)
• Fairfax Water's Pre-Trial Brief on Liability Phase (Counts I, II, IV) (Jan. 27, 2010)
• Consent Order (suspending injunction on water fund transfers pending appeal, but requiring Falls Church to restore the water fund moneys with interest after exhausting its appeal) (Jan. 27, 2010)
• Fairfax Water's Motion to Dismiss the City's Petition for Review to the Supreme Court for Lack of Jurisdiction (Jan. 22, 2010)
• City of Falls Church's Petition for Review to the Supreme Court of Virginia (Jan. 21, 2010)
• Fairfax Water's Brief in Opposition to City's Motion to Clarify or Alter the Court's Final Decree on Count V, to Stay the Final Decree, and to Order Fairfax Water to Post a Bond (Jan. 21, 2010)
• City of Falls Church's Memorandum in Support of Its Motion to Alter the Court's Decree on Count V, to Stay the Decree Pending Appeal, and to Require a Bond from Fairfax Water (Jan. 13, 2010)
• Opinion and Order (striking down Falls Church water rates as an unconstitutional tax) (Jan. 6, 2010)
• Letter from Fairfax Water Board to Board of Supervisors (Dec. 4, 2009)
• Fairfax Water's Reply Brief in Support of Judgment on Count V (10/28/09)
• City of Falls Church Brief in Opposition to Fairfax Water's Request for Judgment on Count V (10/21/09)
• Fairfax Water's Post-Trial Brief in Support of Judgment on Count V (10/9/09)
• Trial Transcript (Count V) - Day Seven (9/23/09)
• Trial Transcript (Count V) - Day Six (9/22/09)
• Trial Transcript (Count V) - Day Five (9/21/09)
• Trial Transcript (Count V) - Day Four (9/17/09)
• Trial Transcript (Count V) - Day Three (9/16/09)
• Trial Transcript (Count V) - Day Two (9/15/09)
• Trial Transcript (Count V) - Day One (9/14/09)
• Fairfax Water's brief in opposition to Falls Church's motion to exclude evidence of its past rates and charges (9/3/2009)
• Order (postponing trial on Counts I, II and IV until February 1, but proceeding with trial on Count V on Sept. 14, and providing for stay of Special Court proceeding) (Aug. 27, 2009)
• Falls Church's motion to exclude evidence of its past rates and charges (8/21/2009)
• Bench Ruling (dismissing City's countersuit) (8/14/2009)
• Order dismissing Falls Church's countersuit against Fairfax Water and Fairfax County (Aug. 14, 2009)
• Fairfax Water's Brief in Opposition to Falls Church's Motion to Dismiss the Damage Claims in Counts I, II and IV (filed 8/14/2009)
• Transcript of Hearing (City's motion to stay) (Aug. 13, 2009)
• Order (denying Falls Church's motion to stay the trial on Fairfax Water's claims) (8/13/2009)
• Fairfax Water's Brief in Support of Its Cross-Motion to Bifurcate Liability and Damages (filed 8/7/09)
• Fairfax Water's Brief in Support of Its Motion to Exclude City's Argument Against Competition (filed 8/7/09)
• Fairfax Water's Brief in Opposition to City's Motion to Stay the Trial (8/5/2009)
• City of Falls Church Memorandum in Support of its Motion to Stay the Trial (filed 7/16/2009)
• Fairfax Water's Reply Brief in Support of its Demurrer to the City of Falls Church's Counterclaim (filed 7/31/2009)
• City of Falls Church's Memorandum in Opposition to Fairfax Water's Demurrer to the City's Counterclaim (filed 7/24/2009)
• Supreme Court of Virginia's Ruling on City of Falls Church's Petition to Appoint a Special Court (July 13, 2009)
• Fairfax Water's Brief in Support of its Demurrer to the City of Falls Church's Counterclaim
  (July 10, 2009)
• Expert Report of Prof. John W. Mayo (June 16, 2009) (re: antitrust issues)
• Expert Report of Christopher Woodcock (June 16, 2009) (re: City's diversion of moneys from the water fund)
• Joint Motion to Dismiss the City's Petition to the Supreme Court of Virginia (filed by Fairfax County, the Board of Supervisors of Fairfax County, and Fairfax Water) (June 6, 2009)
• Fairfax Water's Brief in Opposition to the City of Falls Church's Motion to Amend (to add new countersuit against Fairfax County and Fairfax Water) (May 15, 2009)
• City of Falls Church's Motion for Leave to Amend (to add new countersuit against Fairfax County and Fairfax Water) (May 8, 2009)
• Falls Church's Petition to the Supreme Court of Virginia to Appoint a Special Court (May 5, 2009)
• Ruling by Circuit Court (that Fairfax Water's complaint states valid claims that the City of Falls Church has violated the Virginia Antitrust Act and that the City's water rates constitute unconstitional taxes) (Mar. 13, 2009)
• Fairfax Water's Brief in Opposition to the City of Falls Church's Demurrer to the First Amended Complaint (February 24, 2009)
• The City of Falls Church's Memorandum in Support of its Demurrer to Fairfax Water's First Amended Complaint (February 13, 2009)
• Fairfax Water's Pending Complaint against the City of Falls Church (Jan. 9, 2009)

Local News Coverage of the Litigation with the City of Falls Church
Listed below, by source, are links to local news stories about the litigation.

• Falls Church Times

  The following articles can be found on the Website of the Falls Church Times © 2009 (fallschurchtimes.com). Used with permission.

   

• Water War Part 1: A Tale of Two Lawsuits

• Water War Part 2: How City Lost Suit Against Fairfax County

• Water War Part 3: An Appeal Denied

• Water War Part 4: The Authority Strikes Back

• Opinion: Settle the Water Litigation Now

• Water Wars — Having Lost One Lawsuit, City Files Another

• Judge Allows City to Include Fairfax in Water War Lawsuit

• Opinion: Town Hall Meeting Needed on Water Wars

• Water War Update: City Council Rejects Fairfax Water Offer

• WATER WAR: Fairfax’s Experts Rip Falls Church

• WATER WAR: Chief Justice Authorizes Special Court

• WATER WAR: Fairfax Contests City’s Motion to Stay Case

• WATER WAR: Fairfax Court Denies Stay, Continuing Double Venue

• WATER WAR: City’s Countersuit Dismissed

• OPINION: We STILL Need Town Hall Meeting on Water War

• WATER WAR: City Found in Violation of Constitution, Charter

• WATER WAR: City Files Four Motions Pending Appeal

• WATER WAR: Falls Church Files Appeal; Fairfax Water Counters City’s Motions

• Fall Church News Press

  The following articles can be found on the Website of the Falls Church News-Press © 2009 (fcnp.com). Used with permission.

   

• Fairfax Water, F.C.’s ‘War of Words’ Escalates, But in Print

• Editorial: Fairfax Water’s Power Play

• Letters to the Editor: April 16 - 22, 2009: Fairfax Water Disputes Account of F.C. Shields

• Shields: Fairfax Water Lawsuit Aims to Expel F.C. from County

• Fairfax Circuit Court Judge Denies Falls Church Motion to Stay Trial on Fairfax Water

• Fairfax Judge Orders F.C. to Halt Water Transfers

• Mayor Gardner: F.C. Council to Act Swiftly In Response to Fairfax Water Ruling

• F.C. City Attorney: 'I Clearly Dispute' Basis for Fairfax Judge's Ruling Vs. F.C. Water System