Purcellville, VA — A new court filing in the recall case against Vice Mayor Carl “Ben” Nett shows the Special Prosecutor is asking the judge not to dismiss the case before trial.

In response to a motion filed by Nett’s attorney to strike the recall petition and the Bill of Particulars, Special Prosecutor Eric L. Olsen argues that the case follows a specific process under Virginia’s recall law and should move forward to trial.

The filing explains that the removal case was brought by certified petitions from qualified Purcellville voters and reviewed under state law. After determining that valid legal grounds could exist, the Special Prosecutor notified the Circuit Court, which issued a Rule to Show Cause and scheduled a jury trial.

A key dispute centers on the Bill of Particulars, a document that outlines the detailed allegations supporting the recall. Nett’s legal team argues it introduces new claims and lacks sufficient clarity. The Special Prosecutor counters that the document was filed to provide clearer notice of the reasons for removal and is allowed under the statutory recall process.

The response also emphasizes that recall proceedings are not typical civil lawsuits but a special legal action governed by Virginia Code §24.2-235. According to the filing, the law states a recall case should not be dismissed on technical pleading issues if the stated reasons provide a reasonable basis for removal and the official has been given notice of the allegations.

The court is scheduled to hear arguments on the motion to strike on February 26. As of now, the three-day jury trial remains set for March 2–4 in Loudoun County Circuit Court, where a jury will ultimately decide whether legal grounds for removal from office have been proven.