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SMITH v. BRUNSWICK COUNTY, VA., BD. OF SUP'RS

No. 92-1978.

984 F.2d 1393 (1993)

George R. SMITH; Charles White; James A. Smith, Jr., Plaintiffs-Appellees, v. BRUNSWICK COUNTY, VIRGINIA, BOARD OF SUPERVISORS; Raymond S. Daniel; Thomas B. Taylor; Walter Rice, Jr.; Marion W. Peebles; H. Paul Harrison, in their official capacities as members of the Board of Supervisors of Brunswick County; the Electoral Board of Brunswick County, Virginia; Mathew B. Morton; Benjamin P. Powell; Nora Wilkins, in their official capacities as members of the Electoral Board of Brunswick County; Registrar of Brunswick County; Barbara Lewis, in her official capacity as Registrar of Brunswick County, Defendants-Appellants. v. AMERICAN CIVIL LIBERTIES UNION, OF VIRGINIA; ACLU Foundation of Virginia, Third Party Defendants-Appellees, and National Association for the Advancement of Colored People, Brunswick County, Virginia, Branch, Third Party Defendant.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1993.

Attorney(s) appearing for the Case

Lewis Franklin Powell, III, Anne Gordon Greever, Hunton & Williams, Richmond, VA, argued (R. Hewitt Pate, Hunton & Williams, on brief), for defendants-appellants.

Moffatt Laughlin McDonald, American Civil Liberties Union Foundation, Atlanta, GA, argued (Neil Bradley, American Civil Liberties Union Foundation, Atlanta, GA, Stephen B. Pershing, American Civil Liberties Union Foundation of Virginia, Richmond, VA, on brief), for plaintiffs-appellees.

Before HALL, NIEMEYER, and WILLIAMS, Circuit Judges.

OPINION

NIEMEYER, Circuit Judge:

On April 7, 1992, Brunswick County, Virginia, conducted a special election to elect five members to its governing Board of Supervisors, one from each election district in the County. The election was conducted in accordance with a redistricting plan adopted by the County in July 1991 in response to the 1990 census. Although 58% of the people in Brunswick County are black, as are a majority of those eligible to vote in four...

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