A Loudoun County Circuit Court judge has granted the Commonwealth leave to be heard on a post-trial motion seeking to vacate the verdict and remove Carl “Ben” Nett from office, and has set a briefing schedule that runs through June.

In an order signed May 28, Judge Randy I. Bellows found that the Commonwealth’s Motion for Leave to be Heard on Post-Trial Motion, as supplemented by the Commonwealth at oral argument, set out a sufficient basis to grant the leave requested. Bellows cited the court’s discretionary authority under Rule 1:9 of the Rules of the Supreme Court of Virginia.

The underlying motion is titled “Motion to Vacate or Set Aside the Verdict and to Remove Benjamin Nett from Office.” In granting the request, Bellows wrote that the court expresses no view on the merits of that motion.

The order was entered in the case captioned Qualified Voters of Purcellville v. Carl Ben Nett (CL25-2775), which arises from a petition by qualified voters of Purcellville seeking Nett’s removal from office. The order sets a briefing schedule for the post-trial motion. Nett, the respondent, must file his position by June 12. The Commonwealth’s reply is due June 19. A hearing date has not been set.

Bellows also suspended the court’s May 18 order until further order of the court. The order states the suspension is intended to ensure the court retains jurisdiction under Rule 1:1 of the Rules of the Supreme Court of Virginia. Under that rule, a circuit court retains control over a final order for 21 days after it is entered, after which the court generally loses jurisdiction over the case.

Endorsement of the order by the parties was dispensed with under Rule 1:13. The order notes that counsel for Nett objected at oral argument to the granting of leave.

In a statement, Brian Morgan, an organizer of the recall campaign, said:

“Over a year ago, neighbors across Purcellville came together because we believe our town deserves ethical local governance. We launched this recall campaign out of a shared love for our community and a firm belief that members of the Town Council were failing to meet our expectations. Yesterday, our collective voices were heard when the court delivered on our goal to suspend Ben Nett, the most blatant offender of our town’s values.

“This outcome validates the concerns so many of us shared from day one. We want to extend our deepest, most heartfelt thanks to the people of Purcellville for standing together, staying engaged, and offering their unwavering support and patience throughout this journey. We also greatly appreciate the diligence of the Special Prosecutor, as well as the overwhelming moral support we received from elected officials throughout Loudoun County and the Commonwealth of Virginia.

“It is truly humbling to see the painstaking detail and care poured into this case by everyone involved to ensure a fair process for our town. This entire experience has been a powerful civics lesson for us all. Most importantly, it underscores the incredible impact regular citizens can have when we stand up together to protect the heart and integrity of our community.”