The Town of Leesburg and the Exeter Homeowners Association will have their day in court to determine who owns the community’s stormwater pond.
The Loudoun County Circuit Court recently set the dates for the three-day trial, which will begin Feb. 25, 2019.
When it commences, the trial will have been more than four years in the making. The saga began when the HOA, which represents 829 homes on 215 acres between Rt. 15 and Battlefield Parkway, received a notice from the Virginia Department of Conservation and Recreation that the dam had been ruled a high hazard. An engineer hired by the HOA in 2015 estimated the price tag to bring the dam into compliance with state regulations at just under $1 million. A report later put together by town staff also noted annual maintenance costs of $21,000, in addition to $60,000 every six years to prepare state-required studies.
The HOA then petitioned the town to take ownership of the dam, but the Town Council declined. Neither party disputes that the dam is located on HOA property, but differences remain as to who is responsible for repairs or enhancements to the dam. The HOA filed a lawsuit for declaratory judgment against the town in 2016. The two parties discussed settlement on several occasions but were unable to reach agreement.