Grafton School, Incorporated v. The City of Winchester, Virginia

CourtCourt of Appeals of Virginia
DecidedJanuary 13, 2026
Docket1302244
StatusUnpublished

This text of Grafton School, Incorporated v. The City of Winchester, Virginia (Grafton School, Incorporated v. The City of Winchester, Virginia) is published on Counsel Stack Legal Research, covering Court of Appeals of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Grafton School, Incorporated v. The City of Winchester, Virginia, (Va. Ct. App. 2026).

Opinion

COURT OF APPEALS OF VIRGINIA

Present: Judges Athey, Fulton* and Lorish UNPUBLISHED

Argued at Fairfax, Virginia

GRAFTON SCHOOL, INCORPORATED MEMORANDUM OPINION** BY v. Record No. 1302-24-4 JUDGE LISA M. LORISH JANUARY 13, 2026 THE CITY OF WINCHESTER, VIRGINIA

FROM THE CIRCUIT COURT OF THE CITY OF WINCHESTER Alexander R. Iden, Judge

Stephen L. Pettler (Alan D. Bart; Harrison & Johnston, PLC; Reed Smith LLP, on briefs), for appellant.

Heather K. Bardot (McGavin, Boyce, Bardot, Thorsen & Katz, PC, on briefs), for appellee.

Following a bench trial, the circuit court determined that certain property owned by Grafton

School, Inc., doing business as Grafton Integrated Health Network (“Grafton”), was not tax exempt

under Article X, Section 6(a)(4) of the Constitution of Virginia. The court found that Grafton’s

mission had changed such that it was no longer a qualifying “institution of learning” and that the

property in question (an administrative building and 18 motor vehicles) was not “primarily used for

educational purposes or purposes incidental thereto.” While this appeal was pending, and with this

case in mind, the General Assembly unanimously passed Code § 58.1-3606.2 to define key phrases

in Article X, Section 6(a)(4). That statute instructs that “educational purposes” includes “special

education” and “related services” as defined in the federal Individuals with Disabilities

* Justice Fulton participated in the hearing and decision of this case prior to his investiture as a Justice of the Supreme Court of Virginia. ** This opinion is not designated for publication. See Code § 17.1-413(A). Education Act (IDEA). And it states that “institutions of learning” include institutions licensed by

the federal Department of Education and those that provide services under the IDEA.

Grafton argues that the trial court erred in deeming its property subject to taxes even without

considering Code § 58.1-3606.2, but that certainly following its enactment, it is clear that the

properties in question are tax exempt. The City of Winchester (the “City”) argues that the circuit

court’s judgment was correct, that the new legislation is unconstitutional in any event, and that even

if it is not, Grafton failed to prove that the property in question was primarily used for educational

purposes or purposes incidental thereto under the definitions in the new statute. For the reasons

detailed below, we conclude that Code § 58.1-3606.2 applies to this case, vacate the circuit court’s

decision below, and remand for reconsideration under Code § 58.1-3606.2.

BACKGROUND

a. Grafton’s History and Operations

Grafton was founded in 1958 and incorporated in 1960. Its early purpose was to establish

“an institution of learning for the instruction of youth, including physically or mentally handicapped

youth, and to conduct . . . a private preparatory school or academy for the promotion of learning and

education and for the teaching of [various educational subjects].”

But Grafton has evolved since then. Around 2012, Grafton rebranded itself as “Grafton

Integrated Health Network” and registered that name with the State Corporation Commission to do

business under the same. Grafton also revised its organizational purposes in its articles of

incorporation and bylaws. In 2018, for example, Grafton revised its “Scope of Services” to declare

that it provided “integrated behavioral healthcare, special education, residential, medical,

consultative, social and/or human services to improve the level of functioning and quality of life for

individuals with psychiatric, intellectual and developmental disabilities, autism and/or behavioral

impairment.” Grafton described its purposes as “[i]mproving community wellness” and

-2- “[i]mproving the special education and health care industries as a whole, as well as improving the

quality and cost-effectiveness of human services, in general.”

Grafton’s expanded and modern mission is also reflected in the breadth of its current

programming. For instance, in its 2020 Annual Report, Grafton stated that it had served more than

1,000 “clients,” including over 500 infants or toddlers, over 300 children, and approximately 300

adults. Recently, Grafton reported that it “provided education/day support services and/or

residential treatment to 291 children/adolescents and 93 adults” at four locations in Virginia,

including Winchester, Berryville, Leesburg, Richmond, and in Cold Springs, Minnesota. It

provided “outpatient psychotherapy services” through a subsidiary. Additionally, Grafton operated

the “Infant and Toddler Connection of the Shenandoah Valley” (the “ITC Program”) in partnership

with the City. “This service teaches, coaches, and mentors families of children up to age three who

have a developmental delay or diagnosed disabling condition.” The ITC Program served

approximately 700 children in Virginia. Grafton also operated Ukeru Systems, through which it

offered “consultative services” aimed at teaching “the Grafton Method, trauma informed care, and

the elimination of seclusion and restraints including the sales of patented blocking pads.” Finally,

Grafton contracted with Loudoun County “to operate their youth shelter service, a short-term crisis

response shelter program.” Grafton’s “therapeutic community living options” are accredited, as are

its private day schools, and it is licensed by the Virginia Department of Education and the Virginia

Department of Behavioral Health and Developmental Services.

Grafton’s online presence exhibits the scope of its services. As of 2020, its “About Us”

page described Grafton as “a multi-state behavioral health care organization serving children,

adolescents, and adults with complex behavioral health challenges.” On LinkedIn, Grafton

described its “multidisciplinary team” as “including physicians, nurses, teachers, therapists, speech

therapists, occupational therapists and direct service professionals.” This team supports Grafton’s

-3- “integrated continuum of care—including educational, early intervention, outpatient, residential and

short-term stabilization services as well as career and technical training.”

b. Tax Exemption Dispute and Trial

Relevant here, Grafton owns several properties in Winchester. In 2019, Grafton acquired a

property at 3150 Shawnee Drive in Winchester (the “Shawnee Drive Property”). Grafton initially

obtained the office building with the hopes that it would become a school, but the current zoning

prohibits the operation of a school on the premises. The property now houses numerous

administrative functions. Additionally, Grafton owns several motor vehicles in Winchester, 18 of

which were assessed for taxation. The 18 vehicles, which are registered in the City to “Grafton

Integrated Health Network,” are used primarily to transport students to and from Grafton’s group

homes, where the vehicles are parked overnight.

Also in 2019, the City determined during its tax assessment that Grafton had evolved

beyond its founding as an “institution of learning.” Because Grafton had become a “multi-state

behavioral health care organization,” the City claimed that (as to the Shawnee Drive Property and

motor vehicles), it did not fit the constitutional tax exemption in Article X, Section 6(a)(4) for

“institutions of learning” using property primarily for “educational purposes.” Thus, the City

sought to tax this property.

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