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City attorney tells council state court found 2023 redistricting ordinance unlawful; remedy deferred until post‑referendum
Summary
City Attorney briefed the Virginia Beach City Council that a state circuit court granted summary judgment to plaintiffs in Branch et al. v. City of Virginia Beach, finding the city lacked authority to eliminate three at‑large seats under the charter change enacted by House Bill 2198 (2021); the court deferred remedies until after a November referendum and said 2022 and 2024 elections remain valid.
City Attorney provided a legal update to the Virginia Beach City Council, saying a state circuit court awarded summary judgment to plaintiffs challenging the city’s 2023 redistricting ordinance and concluded the city did not have authority to eliminate three at‑large seats without a change to the charter enacted by House Bill 2198 in 2021. The city attorney told council that, while the court found the ordinance invalid on state‑law grounds, it expressly held that the 2022 and 2024 council elections remain valid.
The attorney said the court deferred any remedy until after a referendum election scheduled for November and that the city is also monitoring a reopened federal case, Holloway v. City of Virginia Beach, where federal court guidance has favored a 10‑to‑1 district system under federal law. The attorney said staff would brief the council further in closed session and that the city would inform the public as developments occur.
Council members did not take action at the meeting; the mayor described the matter as a long, complex process and said the council would reach a conclusion after legal consultation. The council then voted to move into closed session to consult with counsel on the litigation and related personnel and real‑property matters.
What happens next: staff and counsel are expected to recommend procedural options to the council after the closed session. The transcript records the court rulings and the council’s decision to discuss next steps behind closed doors; no new ordinances, votes or charter changes were adopted at the meeting.
