Fraternal Order of Police Nova Lodge No. 35 v. Fairfax County

By JUDGE J. HOWE BROWN

This case is before me upon various pleas and motions filed by the defendants. I grant a motion to stay the case. In light of the position I take, I find it necessary to address only one question: should the Circuit Court entertain a declaratory judgment and injunction action where the identical issues sought to be raised are before the General District Court? My negative answer to that question leads to the stay.

The Fraternal Order of Police Nova Lodge # 35 (FOP) is presently being prosecuted in General District Court for non-compliance with the charitable organization…