Warrenton, VA (July 31, 2024) -- On July 30th, the Court of Appeals of Virginia ruled favorably on an appeal by Citizens for Fauquier County (CFFC) regarding a circuit court ruling that allowed the Town of Warrenton (Town) to withhold thousands of public records related to the approval of an Amazon data center in what is likely the most consequential land use decision in Warrenton’s history. The Court of Appeals rejected the Town’s narrow reading of the Virginia Freedom of Information Act (VFOIA).
In its successful appeal, CFFC argued that the Town could not withhold information from both the Mayor and the City Manager as it did, but that the Town had to select one or the other. The Appeals Court agreed. CFFC also took issue with how the circuit judge reached the decision not to require the release of the documents that CFFC requested. That determination was based on the judge’s review of just 10 of the 3,100 plus documents at issue. The Town selected the 10 “representative” documents to be reviewed by the court without providing any explanation for why those documents were representative of all of the remaining withheld documents. The Appeals Court agreed and ruled that the selection process was inadequate, and remanded the case to the circuit court.
In commenting on the ruling, CFFC President, Kevin Ramundo, said, “The ruling is a positive step that should lead to more openness and transparency on the part of Town of Warrenton on this and other issues, and avoid a dangerous precedent that would have undermined the effectiveness of the VFOIA in jurisdictions across the Commonwealth. The public interest requires that government at all levels be open and transparent if it is to be accountable to its citizens, and CFFC is very appreciative that so many prominent organizations joined us in this successful appeal.”
Last September, two friend of the court briefs were filed in support of CFFC on behalf of a total of twenty-four (24) national, state and local media and transparency organizations. One amicus curiae brief was submitted by The Virginia Coalition for Open Government (Coalition) and the other by The Reporters Committee for Freedom of the Press on its own behalf and for twenty-two (22) other media and transparency organizations.
CFFC is represented in this matter by attorneys from the Richmond, Virginia office of Whiteford, Taylor & Preston L.L.P. The firm consists of over 200 lawyers across 17 offices nationally.
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Founded in 1968, Citizens for Fauquier County is the oldest non-profit dedicated to preserving the natural, historical and agricultural resources of Fauquier County and to protect the county’s unique quality of life through education, leadership and advocacy. The organization is non-partisan and is supported by over two thousand members and supporters.
Press Contact:
Kevin Ramundo
704-965-24234
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