The hearing scheduled for tomorrow afternoon in the $50 million lawsuit brought by telecommunications company OpenBand against two Loudoun supervisors and two of the homeowners' associations it serves has been continued.
Earlier this year all of Loudoun's judges recused themselves from the case because one of the defendants—a former board member of the Lansdowne on the Potomac HOA—is an attorney that regular appears in Loudoun court.
A request was sent to the Virginia Supreme Court to appoint a judge to hear the rest of the case, but one has not yet been appointed, according to one of the attorneys in the case. There had been rumors that retired Fairfax County Judge Terrance Ney had been appointed, but those proved to be false. Once a judge has been appointed, the hearing will be put back on the docket.
OpenBand’s $50 million lawsuit that names Supervisor Ralph Buona (R-Ashburn), Vice Chairman Shawn Williams (R-Broad Run), the Board of Supervisors, the homeowner’s association boards for the Southern Walk at Broadlands and Lansdowne on the Potomac and each of its members was filed in October saying the 16 defendants conspired to “engage in a consistent pattern” of actions that were beyond the powers of the Board of Supervisors during review of the franchise agreement. The lawsuit also states that Williams had a conflict of interest in reviewing the franchise agreement because prior to being elected to the Board of Supervisors he served on the Southern Walk HOA board and therefore “had a direct financial interest in the negotiations...”
From Buona and Williams OpenBand is seeking 18 types of documents that could generate thousands of papers. Included on the list are “all documents that constitute or refer to” communications about the OpenBand entities, those that refer OpenBand’s franchise to operate in the county, and those that refer to the assessment of video communications in Loudoun.
Motions have been filed objecting to those requests.