Statement on Plaintiffs’ Abandonment of Raspberry Falls Lawsuit Against Loudoun Water

Dear Residents:

For the second time in two years, residents of Raspberry Falls who chose to sue Loudoun Water over their water quality have decided to abandon their lawsuit against us before it could advance to trial.

From the beginning, Loudoun Water has stated that the lawsuit was filled with false and unsubstantiated charges that would not stand up in court. Since the complaint was filed earlier this year, we have vigorously defended ourselves and our ratepayers against the erroneous claims. In May, the Loudoun County Circuit Court dismissed the plaintiff’s claims of fraud and misrepresentation, struck from their suit so-called “expert” reports, and barred two of their experts from testifying at trial. Given our progress in defending the matter, the plaintiff's decision to dismiss their suit does not come as a surprise to Loudoun Water. 

Loudoun Water is actively exploring our legal options to respond to the false and unsubstantiated charges made in the plaintiffs’ complaint. One fact has never changed throughout this matter; the drinking water we provided to the residents of Raspberry Falls has always met U.S. Environmental Protection Agency and Virginia Department of Health (VDH) water quality standards. The EPA even affirmed this fact as recently as May 24, 2011 in a letter written directly to some of the residents, including some of the plaintiffs.

While the treated water has always been safe, the November 2010 GUDI determination for Well PW-1 highlighted the nature of wells in limestone geology; that some – but not all – wells in the karst can become under the direct influence of surface water over time and require a different level of treatment. Late last year, Loudoun Water chose to study several treatment options. Earlier this year, at the request of the Loudoun County Board of Supervisors, we also chose to study a pipeline extension from the Town of Leesburg.

It is important to note that these studies were well underway before the plaintiffs decided to file suit against Loudoun Water. Therefore, the decision by the plaintiffs to dismiss their suit does not have any impact on Loudoun Water’s actions. We will continue to move forward with these studies and are in the process of presenting the findings to our board, the Board of Supervisors, the Town of Leesburg, VDH, the residents and the general public.

Loudoun Water