Yesterday, Attorney General Jason Miyares filed an amicus brief in Sopko v. Fairfax County Board of Supervisors, defending the constitutional rights of disabled veterans in Virginia after Fairfax County refused to honor property tax exemptions promised to them under the Virginia Constitution.
“Fairfax County is trying to rewrite the rules, citing failed legislation and exploiting legal loopholes to deny a disabled veteran what the Constitution guarantees,” said Attorney General Jason Miyares. “The law is not only clear—it is binding. Bureaucratic red tape should never be weaponized to deny a disabled veteran the benefits he bled for. Mr. Sopko defended our constitutional rights, and now I will ensure the Commonwealth of Virginia defends his.”
In 2010, Virginians overwhelmingly passed a constitutional amendment granting real property tax exemptions to veterans with a 100% service-connected, permanent, and total disability. The General Assembly followed by passing implementing legislation that clearly entitles qualifying veterans to refunds of property taxes dating back to January 1, 2011.
John P. Sopko, a decorated veteran with a disability rating dating back to 1972, has been denied these benefits by Fairfax County. The brief argues that Fairfax the County’s attempt to deny refunds based on unrelated general tax statutes ignores the plain language of Virginia’s Constitution and implementing laws. It also rejects the idea that failed legislation—bills that never became law—should carry any weight in court.
The case will be heard in Fairfax County Circuit Court on June 30, 2025.