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VIRGINIA BEACH v. BOARD OF SUP'RS

Record No. 921204.

435 S.E.2d 382 (1993)

CITY OF VIRGINIA BEACH v. BOARD OF SUPERVISORS OF MECKLENBURG COUNTY, et al.

Supreme Court of Virginia.

September 17, 1993.

Attorney(s) appearing for the Case

M. Scott Hart, Richmond (John F. Kay, Jr., George A. Somerville, Samuel M. Brock, III, Richmond, Leslie L. Lilley, City Atty., William M. Macali, Sr. Asst. City Atty., Virginia Beach, Mays & Valentine, Richmond, on briefs), for appellant.

Patrick M. McSweeney, Richmond (William T. Fitzhugh, McSweeney, Burtch & Crump, on brief), for appellees.

William W. Bennett, Jr., Halifax (Bennett and Rand, on brief), for appellee Bd. of Sup'rs of Halifax County.

(Russell O. Slayton, Slayton, Bain and Clary, Lawrenceville, on brief), for appellee Bd. of Sup'rs of Mecklenburg County.

Present: All the Justices.

WHITING, Justice.

In this case involving a proposed water supply system for the City of Virginia Beach, we decide whether Code § 15.1-875 requires county consent before the City may exercise its contractual right to use water stored in a reservoir located partially in Mecklenburg and Halifax Counties.

Code § 15.1-875 provides in pertinent part:

A municipal corporation may provide and operate within or without the municipal corporation water...

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