Laundry suit against town goes through
another cycle
By Robert King
(Daily Staff Writer)
FRONT ROYAL — A laundry service company is in the midst of
its third legal battle with Front Royal.
FDR Laundry Services Inc. filed a lawsuit against the town, arguing
that Front Royal doesn't have the authority to require connections
to the town's water system. The lawsuit is the third the company
has filed against the town since July.
A hearing on the town's motion seeking the suit's dismissal was
held Monday in Warren County Circuit Court, and the judge's decision
is pending.
The Town Council approved an ordinance recently that required
businesses hooked up to the town's sewer service to also connect
to town water. The town and Warren County have an agreement to
serve certain businesses outside town limits.
FDR, a county business that uses town water and sewer, contends
that the town cannot do that under state law. The company wants
to use wells constructed on its property for water.
"Localities only have authority delegated by the [state legislature],"
said Philip C. Strother, a Richmond attorney representing FDR.
Yet the town argues it has the ability to require connections,
citing a section in the code of Virginia.
The code reads that a locality can require connections for water
services.
"Under this code section, the town was explicitly authorized to
adopt this ordinance," said Brian Mitchell, a Winchester attorney
representing the town.
Yet FDR cannot be affected by the town's ordinance because it
is in the county, Strother said.
"The code doesn't allow the town to adopt an ordinance so broad
that it can be taken outside town limits," Strother said.
Strother and Mitchell had conflicting interpretations about one
part of the code section.
The code says only specific counties can require the connection.
Warren County is not one of the counties that has authorization,
according to the code.
Mitchell contends that the code allows localities, such as towns
and cities, to require the connection. Yet it prohibits counties
that don't have authorization.
A county government that isn't authorized cannot require the connections,
but a local government inside that county can, Mitchell said.
Strother said that if a county is prohibited, it applies to everything
in the county, including towns.
"It is the geographic location," he argued.
Mitchell also argued against another count in FDR's lawsuit, which
charges that the town adopted the ordinance to get revenue.
"This facility has been connected to town water and sewer for
10 years," he said.
Water and sewer rates are the subject of another lawsuit between
FDR and Front Royal that is still pending.
FDR argued in a suit filed in July that the town unfairly raised
its water and sewer rates and overcharged the company.
FDR also is suing the Front Royal because the town prohibited
the company from discharging its well water into the town's sewer
system, according to the suit. FDR built two wells on its property
and received county approval, but the town denied its request
for discharge.
Circuit Court Judge Dennis L. Hupp said that he would rule at
a later date on the town's demurrer. If Hupp rules in the town's
favor, he could dismiss the suit.
R Contact Robert King at rking@nvdaily.com