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Judge rules that Stafford County can't create business levy to fund road improvements. Date published: 11/15/2006
By PAMELA GOULD
A judge ruled this week that Stafford County cannot impose a tax on businesses along State Route 610 to pay for widening the congested thoroughfare. While that is good news for the attorney who has now twice successfully sued to stop the action, the battle is not over, according to the county Board of Supervisors. The supervisors voted last night to appeal the judge's decision to the Virginia Supreme Court. They'll also ask the General Assembly to revisit tax district legislation and change wording to ensure counties can charge businesses a special tax to pay for road improvements that serve them. "I think this judge was incorrect, and we'll take it to the Supreme Court to get a ruling from a higher authority," Garrisonville District Supervisor Mark Dudenhefer said yesterday morning. "We will not give up on this form of funding." In December, the board voted to create two service districts--one along Route 610 in North Stafford and one along U.S. 17 in southern Stafford. The purpose was to tax businesses along those roadways to raise funds to provide transportation improvements at a faster pace. Specifically, the board wanted to help pay for widening U.S. 17 and Route 610 between Interstate 95 and Joshua Road. But in a written ruling received yesterday, Circuit Judge Thomas A. Fortkort said the service district created along Route 610 in December was "invalid." The lawsuit, filed by Richard Nageotte, did not address the U.S. 17 service district. Hartwood District Supervisor Joe Brito said the board had been waiting on the ruling and now must not only consider its impact on Route 610 but U.S. 17 as well. "This is throwing us for a new loop now," he said yesterday morning. Aquia District Supervisor Paul Milde said he was disappointed in the ruling, but, ultimately, the board must find some means of funding the road improvements if the state won't pay the cost. Nageotte, who has his law office and other businesses on Route 610, sued the county in January to block creation of the service district. He did the same thing in 2001 when the board first attempted to create such districts. After Nageotte prevailed in the first round, the county persuaded legislators to amend the law in 2004 to allow funding of road improvements.
Read more stories about Stafford Date published: 11/15/2006
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