PURCELLVILLE, Va. — A judge has ruled that the recall case against Purcellville Vice Mayor Carl “Ben” Nett will move forward, denying an effort by his attorney to dismiss the petition filed by residents.
The decision came during a March 19 hearing, where the court rejected a motion filed by Nett’s attorney, Jennifer McGovern, that sought to strike both the recall petition and supporting allegations. McGovern had argued that the claims were vague, lacked sufficient evidence, and extended beyond what was originally outlined in the voter-signed petition submitted in April 2025.
While the judge allowed the case to proceed, the court partially granted and partially denied a motion to strike elements of the prosecutor’s filing, known as a bill of particulars. The first paragraph was struck, while the remaining sections will remain part of the case moving forward. The paragraph struck related to Nett’s role as a police officer and an alleged false sick leave claim was struck, with the judge ruling that it falls outside the scope of the recall case. The court further stated that evidence related to this issue cannot be introduced at trial unless Nett raises it himself.
Scope of the Case and Discovery
During the hearing, the court also addressed how evidence and information will be handled ahead of trial. The judge determined that limited civil discovery will apply, specifically allowing interrogatories tied to certain allegations that remain in the case.
These include claims related to:
• Alleged violations of the Freedom of Information Act
• Failure to follow procedural requirements and time limits
• An alleged violation of Virginia’s Conflict of Interest Act
Trial Preparation Timeline
The court ordered both parties to work together on a limited scheduling plan. Attorneys are expected to exchange witness lists and exhibit lists in advance of trial, with a target date set before April 10. If the parties are unable to reach agreement, the court will intervene to resolve any outstanding issues on that date.
Background of the Recall Effort
The recall petition was initiated by Purcellville residents in April 2025. Supporters of the petition have cited concerns about transparency, alleging that a council majority engaged in private decision-making without public input. Additional concerns include the firing of former Town Manager Rick Bremseth and the subsequent appointment of Kwasi Fraser.
The case is expected to proceed to a jury trial, and will ultimately determine whether Nett should be removed from office. If successful, the recall would mark a rare use of Virginia’s jury-based recall process.
Stay tuned to Purcellville News for more details about the trial schedule, which are expected in the coming weeks.
