CITY OF ROANOKE v. COUNTY OF ROANOKE


198 S.E.2d 780 (1973)

214 Va. 216

CITY OF ROANOKE v. COUNTY OF ROANOKE et al. COUNTY OF ROANOKE v. CITY OF ROANOKE et al. CITY OF SALEM v. COUNTY OF ROANOKE et al. Blanche WEDDLE et al. and Roy C. Kinsey, Sr., et al. v. COUNTY OF ROANOKE et al.

Supreme Court of Virginia.

Rehearing Denied October 8, 1973.


Attorney(s) appearing for the Case

William R. Cogar, John S. Davenport, III, Richmond (James N. Kincanon, City Atty. for the City of Roanoke, John S. Barr, Richmond, William L. Martin, Roanoke, Mays, Valentine, Davenport & Moore, Richmond, Martin, Hopkins & Lemon, Roanoke, on brief), for appellant City of Roanoke.

W. H. Jolly, Salem, Robert C. Fitzgerald, Myron C. Smith, Fairfax (John N. Lampros, Commonwealth's Atty. for Roanoke County, Lawrence C. Musgrove, Roanoke, Fitzgerald & Smith, Fairfax, on brief), for appellees County of Roanoke and others in first action.

Robert C. Fitzgerald, Myron C. Smith, Fairfax (John N. Lampros, Commonwealth's Atty., for Roanoke County, Fitzgerald & Smith, Fairfax, on brief), for appellant County of Roanoke.

William R. Cogar; John S. Davenport, III, Richmond, W. H. Jolly, Salem (James N. Kincanon, City Atty., for the City of Roanoke; John S. Barr, Richmond, William L. Martin; Lawrence C. Musgrove, Roanoke, Mays, Valentine, Davenport & Moore, Richmond, Martin, Hopkins & Lemon, Roanoke, on brief), for appellees City of Roanoke and others.

W. H. Jolly, Salem (Kime, Jolly, Clemens & Canterbury, Salem, on brief), for appellant City of Salem.

William R. Cogar, John S. Davenport, III, Richmond, Robert C. Fitzgerald, Myron C. Smith, Fairfax (John N. Lampros, Commonwealth's Atty. for Roanoke County, James N. Kincanon, City Atty. for the City of Roanoke, William L. Martin, Roanoke, Mays, Valentine, Davenport & Moore, Richmond, Fitzgerald & Smith, Fairfax, Martin, Hopkins & Lemon, Roanoke, on brief), for appellees County of Roanoke and others in third action.

No opening brief on behalf of appellants Blanche Weddle and others.

John N. Lampros, Commonwealth's Atty. for Roanoke County, Robert C. Fitzgerald, Myron C. Smith, Fairfax, James N. Kincanon, City Atty. for the City of Roanoke, John S. Davenport, III, William R. Cogar, John S. Barr, Richmond, William L. Martin, Roanoke, Fitzgerald & Smith, Fairfax, Mays, Valentine, Davenport & Moore, Martin, Richmond, Hopkins & Lemon, Roanoke, on brief, for appellees County of Roanoke and others in fourth action.

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


COCHRAN, Justice.

These appeals are from the final order entered February 29, 1972, by the annexation court in consolidated cases in which the City of Roanoke (Roanoke), the City of Salem (Salem), the County of Roanoke (County), and certain individual petitioners were parties. The County surrounds Roanoke and Salem, and a narrow urban corridor separates the Cities.

In 1965, qualified voters, proceeding under the provisions of Code § 15.1-1034,

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