This article in the Coalfield Progress describes the defense arguments in the federal lawsuit brought against Wise County on behalf of the purported class of persons and business who paid the landfill fee that has been declared unconstitutional.
The County's answer to the question of what is the state law remedy is that plaintiffs can proceed under the Virginia Declaratory Judgment Act, which is not the greatest answer, but maybe the only one there is. I've been wondering whether there is some remedy in the tax laws or landfill fee laws.
Of course, I would suppose now that the County has staked out its position on the remedy of the landowners, it would be a bit unruly for the County to say in state court to anyone who pursues that route that there is no such remedy.
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