Connect with us

EDA in Focus

Town, EDA civil motions arguments continued to November 8

Published

on

A scheduled Wednesday afternoon motions hearing in the Town of Front Royal’s civil suit against the Front Royal-Warren County Economic Development Authority has been continued to November 8, at 9 a.m.

Apparently Harrisonburg-based Judge Bruce D. Albertson and attorneys for both sides were aware of the continuance, because as the clock turned to the scheduled single case 2 p.m. docket none of that trio was present. However this reporter, a colleague from another media outlet, EDA Board of Directors Vice Chairman Jeff Browne, a court bailiff and Circuit Court clerk were all present along with a single spectator who had traveled from Winchester.

A clerk’s call to the judge’s office and Browne’s call to the EDA attorney’s office quickly confirmed the new hearing date.

What will be argued on the new hearing date is the EDA’s claim of institutional sovereign immunity from the financial liability at issue in the Town’s litigation seeking recovery of “as much as $15 million” in misdirected Town assets related to the EDA’s own civil litigation seeking recovery of $21.3 million in EDA assets.

Current EDA Executive Director Doug Parsons has promised to work with Town officials to ascertain exactly how much the EDA owes the Town in overpayments or misdirected asset allocation.

However Town legal staff indicated the threat of statute of limitations deadlines on misdirected Town assets due to uncertainty on exactly what assets at what time are involved, in the decision to file the Town civil suit against the EDA/IDA.

Town Attorney Doug Napier is on one end of the sovereign immunity legal arguments anticipated at a motions hearing now scheduled for Nov. 8. Royal Examiner File Photo/Roger Bianchini

Of the Town’s dispute of the EDA sovereign immunity claim, EDA counsel wrote, “Plaintiff (the Town) argues that there is a fiduciary duty owed by the EDA to the Town that is actionable if breached. However, the relationship between the EDA and the Town of Front Royal is governed solely by statute,” which appears to be a legalese point of law based in the relationship between EDA’s and the municipalities that create them to oversee economic development for them.

“That the Town of Front Royal voluntarily waived its right to control the EDA, contrary to the statutory mandate, does not create an actionable fiduciary duty inuring to its benefit,” EDA Attorney Rosalie Fessier wrote, further observing, “The General Assembly has imposed a matter of accountability and protection of the public money within the statutory scheme and did not provide for a procedural remedy in the manner sought in this case.”

Town legal counsel contends that the EDA as an entity and its former executive director made unfulfilled promises regarding Town assets that negate the sovereign immunity claim: “… here, the EDA and McDonald represented to the Town they were going to invest in certain investments on behalf of the Town, the EDA and McDonald were engaged in ministerial, not discretionary, duties … The facts alleged above constitute an implied in fact, if not an express, contract between the EDA and Town. As pled, the EDA and McDonald breached those contracts.”

Uh oh, breaches of “implied” versus “express” contracts and fiduciary duties; and a “voluntary” abdication of oversight authority by the Town are likely to lead to some mind bending legalese arguments on November 8 – can’t wait.

Front Royal, VA
90°
Sunny
7:21 am6:35 pm EDT
Feels like: 93°F
Wind: 7mph SSW
Humidity: 48%
Pressure: 29.92"Hg
UV index: 4
ThuFriSat
63°F / 57°F
84°F / 48°F
54°F / 34°F
State News6 hours ago

Loudoun Superintendent Pushes Back After Virginia Delegate Slams LGBTQ+ History Acknowledgment

State News6 hours ago

Chesapeake Bay Gets a C+ in Overall Health, Virginia and Maryland Leaders Say Work to Protect It Must Continue

Meet the Candidates6 hours ago

Allen Neel Says Front Royal Needs More Than Plans — It Needs Action

State News7 hours ago

Warner Seeks a Final Term as Mizusawa Makes His Case for Change

Real Estate8 hours ago

New Homes Stopped Shrinking. The Rooms Didn’t Stop Changing

Local News9 hours ago

Lord Fairfax Health District Urges Residents To Prepare For Respiratory Virus Season

Local News17 hours ago

Blue Ridge Wildlife Center Patient of the Week: Ruddy Duck

Community Events18 hours ago

This Week’s Showtimes at Royal Cinemas as of October 15th

Arrest Logs18 hours ago

POLICE: 7 Day FRPD Arrest Report 10/12/2026

Crime/Court22 hours ago

Trial Date of January 6, 2027, Set in Misdemeanor Assault & Battery Case Against Hugh Henry

State News1 day ago

Virginia AG Launches Voter Protection Unit Ahead of Midterm Elections

National News1 day ago

US Senators from Both Parties Blast Trump Order to Import Russian Diesel as Illegal

Interesting Things to Know1 day ago

The Four-Year-Old Stage: When Your Preschooler Tests The Limits

Interesting Things to Know1 day ago

The Dignity Is In The Doing

Health1 day ago

New Medicare Bridge Program Covers Weight-Loss Drugs For Some Patients

Opinion2 days ago

“Can’t We Just Watch the Movie at Home?” A Question About the Future of Movie Theaters

Community Events2 days ago

Two Front Royal Churches Plan Joint Oct. 25 Gathering Focused on Faith and Virginia Ballot Issues

Obituaries2 days ago

Robert Arthur Babineau (1961 – 2026)

State News2 days ago

Here’s Where Doctors Diverge on Virginia’s Pending Reproductive Rights Constitutional Amendment

State News2 days ago

Virginia Teachers Balance AI Innovation with Student Creativity Amid Rising Academic Pressure

Obituaries2 days ago

Donna Kersey Deavers Smith (1945 – 2026)

Obituaries2 days ago

William Franklin “Rocky” Walker (1959 – 2026)

National News2 days ago

Measles Cases Reach 4,080 for the Year — the Highest in Decades

State News2 days ago

Data Center Backlash Set to Sway Midterm Elections

Obituaries2 days ago

Mary Ann Williams (1942 – 2026)