PURCELLVILLE, VA — A Loudoun County Circuit Court judge dismissed a lawsuit Tuesday brought by three minority Purcellville Town Council members who had sought a judicial ruling on whether a simple majority or a supermajority is required to pass tax rates under Virginia law.
Judge Plowman dismissed the case, questioning whether the council members had the legal standing to seek a declaratory judgment in the first place, given that no legal rights were found to have been infringed. The ruling did not reach the underlying question of majority versus supermajority requirements, the core issue the plaintiffs had sought to resolve.
In a statement following the ruling, the three council members — Erin Rayner, Kevin Wright, and Caleb Stought — expressed disappointment.
“We, the minority members of Purcellville Town Council, are disappointed to report that today, the Loudoun County Circuit Court ruled that we don’t have the legal right to request court interpretation of statutes regarding the required number of votes to legally pass taxes on the residents of our Town,” the statement read. The members added that the ruling “leaves the citizens of Purcellville, and the Town Council itself, uncertain as to the legality of the taxes we are required by the Commonwealth of Virginia to impose each year.”
The council members said they are “considering all legal options, including appellate review.”
Sarah Bruns, attorney for the minority council members, argued that judicial guidance on the matter was necessary.
Background
The legal dispute dates to October 2025, when Rayner, Wright, and Stought filed a complaint in Loudoun County Circuit Court seeking a declaratory judgment on whether the Town’s Fiscal Year 2026 budget was lawfully passed without a supermajority vote. The council members argued that Virginia Code Section 15.2-1427, Subsection G, which states that in towns, no tax shall be imposed except by a two-thirds vote of council members, may require five of seven council members to approve tax-related ordinances.
The Town Attorney had previously opined that a simple majority was sufficient, a position contested by the three council members and, they noted, by the practices of other Virginia municipalities.
In a January 23 hearing, Judge Stephen E. Sincavage dismissed an earlier version of the complaint, finding it failed to meet the legal threshold for declaratory judgment. That ruling allowed the plaintiffs to amend their petition, which they refiled in late January with the aim of clarifying that they were seeking guidance for future votes rather than challenging past decisions.
Town Attorney Robert Sproul represented the Town of Purcellville throughout the proceedings, arguing the matter was speculative and that no preventative relief was warranted.
Tuesday’s dismissal by Judge Plowman marks the latest development in what has been a months-long effort by the minority council members to obtain a definitive legal answer — one that, for now, remains unresolved..
