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Council discusses two lawsuits in closed session and appoints Robert Dry to Sustainability Committee

6429582 · June 26, 2025
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Summary

Council met in closed session to consult with counsel about two pending lawsuits and to consider appointments; afterwards members appointed Robert Dry to the Middleburg Sustainability Committee to fill an unexpired term ending Dec. 31, 2027.

Middleburg — The Middleburg Town Council convened a closed session to consult with legal counsel on two pending cases and to consider appointments, then appointed Robert Dry to the Middleburg Sustainability Committee.

At the open-session motion, council cited §2.2-3711 of the Code of Virginia as the authority to discuss "actual litigation" involving Cooper Building Services LLC v. Town of Middleburg and Salamander Farms LLC v. Town of Middleburg, and to consider appointments to the Middleburg Sustainability Committee. The council then reconvened in open session and appointed Robert Dry to fill an unexpired term that will expire Dec. 31, 2027.

The appointment motion passed on a voice vote. Rhonda North (town clerk) administered the vote and announced the result; multiple council members said "aye." No substantive details from the closed session were disclosed, and council members affirmed that only matters cited in the motion were discussed, consistent with the Virginia Freedom of Information Act requirements.

The council's closed-session motion named the two lawsuits by party and authorized counsel consultation under the statutory exception permitting closed discussion of litigation strategy. The council did not disclose actions or details arising from the legal discussion beyond the subsequent appointment.