HOLLAND ENTERPRISES v. SPSA OF VIRGINIA

Record No. 061085.

643 S.E.2d 187 (2007)

JOHN C. HOLLAND ENTERPRISES, INC. v. SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA, et al.

Supreme Court of Virginia.

April 20, 2007.


Attorney(s) appearing for the Case

Gary H. Baise, Washington, DC (Jefferson B. Brown, Portsmouth; Anson M. Keller, Stewart D. Fried, Kilpatrick Stockton, Washington, DC, on briefs), for appellant.

Michael R. Katchmark (Gary A. Bryant, Brett A. Spain, Willcox & Savage, on brief), Norfolk, for appellee.

No brief filed for appellee Bay Disposal, Inc.

Present: HASSELL, C.J., KEENAN, KOONTZ, KINSER, LEMONS, and AGEE, JJ., and STEPHENSON, Senior Justice.


OPINION BY Senior Justice ROSCOE B. STEPHENSON, JR.

In this appeal, which presents a case of first impression, we determine whether the trial court erred in determining that Code § 15.2-5121(A) does not apply to a municipally created waste authority that enters into a new service.

I

This matter was decided on demurrer; therefore, the facts are as alleged in the bill of complaint as follows. Since 1979, the plaintiff, John C. Holland Enterprises...

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