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.
But in a ruling issued Monday, Fortkort said the new statute specifically excludes roads under the jurisdiction of VDOT.
William Broaddus, the Richmond attorney who represented the county in the lawsuit, said he felt the judge's decision did not reflect the legislature's intent.
He said it defies common sense to consider the statute forbidding the county from funding state road improvements, only allowing counties to build new roads.
"It's not sound policy," he said.
Nageotte was out of the country yesterday but his daughter and law partner, Yvette Nageotte, said he would be pleased with the ruling. She said the battle was not a selfish one but one on behalf of all the small businesses along the bustling roadway.
"He has worked tirelessly for the business owners in the 610 corridor to avoid imposing a tax upon them that would, in all honesty, drive the small businesses--the mom-and-pop businesses so to speak--out of the area," Yvette Nageotte said.
Route 610 is home to 317 businesses. Nageotte said the county's actions in pressing for statute changes to implement the tax contradicts its claim of being business friendly.
"I just don't think that's the way you should treat local businesses," she said. "They are your bread and butter."
Though Richard Nageotte filed the lawsuit himself, his daughter said other businesses have expressed their support. She also said business owners along U.S. 17 have been carefully following the case to see how it might impact them.
"His hope is they won't have to fight the fight he fought," Yvette Nageotte said.
She said she hopes another round of legal fighting isn't coming.
Dudenhefer not only demeaned the senior Nageotte's efforts yesterday, he pledged to win a war of endurance.
"The problem we have here is an overzealous attorney on 610 who doesn't have anything better to do with his time," Dudenhefer said.
He said the county has heard from several attorneys that believe the action is "on solid ground" so he feels justified in continuing to fight.
"We will outlive or outmaneuver eventually," Dudenhefer said.
Staff writer Meghann Cotter contributed to this report.
To reach PAMELA GOULD:
Email: pgould@freelancestar.com
|
Tax dispute The issue: Whether Stafford County can levy a special tax on businesses to widen State Route 610. The ruling: Circuit Judge Thomas A. Fortkort rules the special tax district "invalid," saying state law specifically excludes roads under the Virginia Department of Transportation's jurisdiction. What's next: Stafford supervisors voted last night to appeal the ruling and ask the General Assembly to make any needed changes in the law. |