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CAUDILL v. COUNTY OF DINWIDDIE

Record No. 990891.

529 S.E.2d 313 (2000)

David L. CAUDILL, et al. v. COUNTY OF DINWIDDIE, et al.

Supreme Court of Virginia.

April 21, 2000.

Attorney(s) appearing for the Case

Robert L. Brooke (Andrew G. Mauck; Robert D. Perrow; Mays & Valentine; Williams, Mullen, Clark & Dobbins, on briefs), Richmond, for appellants.

Douglas M. Palais (Dana J. Finberg; Mezzullo & McCandlish, on brief), Richmond, for appellees Carter Kaplan & Company; Carkap, Inc.; William P. Carter & Robert R. Kaplan.

(Michael A. Condyles; Christopher A. Jones; Maloney, Huennekens, Parks, Gecker & Parsons, Richmond, on brief), for appellees Virginia Bio-Fuel Corporation & Harvey T. Baxter, III. Appellees submitting on brief.

J. Jonathan Schraub, Alexandria (T. Scott McGraw; Heman A. Marshall, III; Frank K. Friedman, Roanoke; Schraub & Company, Alexandria; Woods, Rogers & Hazlegrove, Roanoke, on brief), for appellees County of Dinwiddie, Virginia; Industrial Development Authority of Dinwiddie County, Virginia & Charles W. Burgess, Jr.

Present: CARRICO, C.J., LACY, HASSELL, KEENAN, KOONTZ, and KINSER, JJ., and COMPTON, Senior Justice.

COMPTON, Senior Justice.

In this public finance case, the simple issue that has evolved, in a complicated bond deal used in connection with a plan to convert a county's trash to mulch, is whether the parties to one of the contracts involved could change a provision relating to the release of funds, to the alleged prejudice of bondholders.

This controversy arises from an unsuccessful attempt to provide a new system of solid waste disposal in Dinwiddie County...

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