The Loudoun County Board of Supervisors on Oct. 7 approved its consent agenda and recessed into a closed session to consult legal counsel on litigation related to a construction project.

The action came after Chair Randall announced an indefinite deferral of a land use application at the applicant's request and read a consent agenda that included proclamations and resolutions for community observances. Supervisor Brixman moved to approve the consent agenda, a motion seconded by Supervisor Glass; the board approved the consent agenda by a recorded vote of 5-0 with four members absent.

The board then voted to recess into closed session. Supervisor Brixman moved that the board enter closed session pursuant to Virginia Code § 2.2-3711(A)(7) "to consult with legal counsel about an actual or probable litigation pertaining to a construction project." Supervisor Glass seconded; the motion passed 5-4. When the board reconvened, Supervisor Brixman moved to certify that no formal action was taken in closed session and that the minutes would so reflect; that motion passed 6-0-3, and members in attendance affirmed the certification.

Why it matters: the closed-session citation (Va. Code § 2.2-3711(A)(7)) authorizes confidential legal consultation when litigation is likely or pending; local governments commonly use it before discussing strategy or legal risk. The consent agenda bundled proclamations and administrative items the board approved without individual roll-call votes on each item.

Discussion (summary): board comments ahead of the votes included organizational updates and announcements about upcoming community events. Chair Randall explained that because the applicant requested an indefinite deferral and offered no alternative date, she allowed the deferral without a board vote. The closed-session motion was limited to legal consultation; no public details about the construction dispute were disclosed at the meeting.

Decisions and directions:
- Consent agenda approved (5 yes, 0 no, 4 absent).
- Board entered closed session under Va. Code § 2.2-3711(A)(7) (motion passed 5-4).
- After closed session, the board certified no formal action was taken (motion passed 6-0-3) and affirmed the certification.

Ending: The board will revisit deferred land-use items only when applicants request a new hearing date; legal matters discussed in closed session remain confidential by statute.