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CITY OF CHARLOTTESVILLE v. COUNTY OF ALBEMARLE

200 S.E.2d 551 (1973)

214 Va. 365

CITY OF CHARLOTTESVILLE v. COUNTY OF ALBEMARLE et al.

Supreme Court of Virginia.

November 26, 1973.

Attorney(s) appearing for the Case

William R. Cogar, Richmond (Roger C. Wiley, Jr., City Atty., for the City of Charlottesville, John S. Davenport, III, John S. Barr, Mays, Valentine, Davenport & Moore, Richmond, on brief), for plaintiff in error.

Robert C. Fitzgerald, Fairfax, Robert M. Musselman, Charlottesville (Myron C. Smith, Fairfax, George R. St. John, County Atty., for Albemarle County, Charles R. Haugh, Commonwealth's Atty., for Albemarle County, Stephen H. Helvin, Ross W. Krumm, Max C. Kennedy, Charlottesville, Fitzgerald & Smith, Fairfax, Haugh & Helvin, Charlottesville, on briefs), for defendants in error.

Before SNEAD, C. J., and I'ANSON, CARRICO, HARRISON, COCHRAN, HARMAN and POFF, JJ.

HARRISON, Justice.

We consider here whether Code § 15.1-1055 bars an annexation proceeding brought by a city within five years of the entry of a final order in another annexation proceeding by the same city which was dismissed because of its failure to comply with the provisions of Code § 15.1-1033.

The City of Charlottesville sought to annex territory from Albemarle County and, after adopting an ordinance for annexation as required by Code §...

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