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TOWN OF ROCKY MOUNT v. WENCO OF DANVILLE

Record No. 972401.

506 S.E.2d 17 (1998)

TOWN OF ROCKY MOUNT v. WENCO OF DANVILLE, INC., et al.

Supreme Court of Virginia.

September 18, 1998.

Attorney(s) appearing for the Case

John Thomas Boitnott, Rocky Mount, for appellant.

Harwell M. Darby, Jr. (Glenn, Feldmann, Darby & Goodlatte, Roanoke, on brief), for appellees.

Present: All the Justices.

KEENAN, Justice.

In this appeal, we decide whether a town that contracted to provide sewer service to a property located outside the town must also provide such service to another property outside the town.

Wal-Mart Stores, Inc. (Wal-Mart) owns a large commercial real estate development in Franklin County along Route 40 East about one-quarter mile outside the Town of Rocky Mount (Town). In May 1995, the Town executed an agreement (Agreement) with Wal-Mart...

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