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CITY OF PORTSMOUTH v. CITY OF CHESAPEAKE

136 S.E.2d 817 (1964)

205 Va. 259

CITY OF PORTSMOUTH v. CITY OF CHESAPEAKE (formerly County of Norfolk).

Supreme Court of Appeals of Virginia.

June 15, 1964.

Attorney(s) appearing for the Case

Henry T. Wickham, Richmond, William B. Spong, Jr., Portsmouth (J. Stanley Livesay, Jr., Portsmouth, David J. Mays, Richmond, Cooper, Spong & Davis, Portsmouth, Tucker, Mays, Moore & Reed, Richmond, on brief), for plaintiff in error.

James N. Garrett, Portsmouth, Edward L. Breeden, Jr., Norfolk (William L. Forbes, Norfolk, James N. Garrett, Jr., Portsmouth, Breeden, Howard & MacMillan, Norfolk, on brief), for defendant in error.

Before EGGLESTON, C. J., and SPRATLEY, BUCHANAN, WHITTLE, SNEAD, I'ANSON and CARRICO, JJ.

EGGLESTON, Chief Justice.

On December 11, 1961, pursuant to Code, 1956 Replacement Vol., § 15-152.5, the City of Portsmouth filed in the Clerk's Office of the Circuit Court of Norfolk County a petition for the annexation of certain territory lying in Norfolk County and adjacent to the city. Attached to the petition was a certified copy of an ordinance adopted by the council of the city on December 9, setting forth the necessity for and expediency of such annexation...

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