Evening star., 1942-09-12
Falls Church
Loser in Suit
For Annexation
Need of 2,l00 Acres
In Foirfux Not
Shown, Court Rules
By 8 Staff Correspondents of The star.

By StGU Correspondent OF The Star.
FAIRFAX. Va, Sept. IA
petition by the town of Falls Church
to annex about 2,100 acres in Fair
fax County in an effort to elevate
itself from third to a second class
city. was denied yesterday by a
special court of three circuit judges.
In a ruling following closing argu-
ments, the court held that the
petition should be dismissed because
the necessity or expediency Of an
nexstion had not been shown.
Judges Walter T. Mccarthy OF
Arlington, J. r. H. Alexander of
Leesburg and Philip Williams of
Winchester gave their opinion As
minutes after summation of testi-
mony, which took seven days to
offer.
625 Families Involved.
The court indicated that in max
ing its decision, it took into consid-
Grafton the exigencies Of wartime
conditions and while the Judges
differed some as to the reasons. all
were agreed that the petition should
be denied
There are about 625 families In
volved in the contested territory.
They were represented at the near
ings by Attorney Frank l.. Ball
G. Wallace Carper, chairman OF
the Fairfax County Board of Su-,
pervisors told the court the con-
tested area represented one OF the
bioboct rovap,,a rrnJ,Yoipr ta,,i
tories in the county because Of its
population. He said about 5000
in revenue was represented at the
present tax rate and that II this
was taken from the county, the
amount would have to be made up
by taxation elsewhere.
School Systems Factors.
Another highlight of the trial was
the claim by Robert j. McCandlish,
counsel for the county. that an act
of the 1912 General Assembly which
he himself introduced as a member
of the House of Delegates, was in
valid.
The new law provides that the
school systems of Falls Church and
Fairfax County should remain
merged, even though the municipal
ity becomes second-class city.
This is in contradiction to the gen.
eral law of the State, which specifi-
cally provides second-class city
school systems shall be separate,
Mr.. McCandlish said. He introduced
the bill at the request of the Fails
Church School Board, despite his
own convictions that 1t would not
hold up, he said.
Mayor B. N. Gibson OF Falls
Church testified for the county and
opposed the proposed annexation,
while all members of the Town
Council were in favor of it.
John A. K. Donovan, town attor-
ney, who. with Walter I. Young of
Alexandra, represented the town,
noted an exception to the courts
ruling in the case.
Donovan Criticizes Mayor.
I Mr.. Donovan said today, however,
it was doubtful that an appeal
would be taken. He criticized Mayor
Gibson's position.
This is probably the first time
in the history of Virginia" he said,
that the head of corporation tes-
titled against the position taken by
the directors. His testimony would
naturally be included in the evi-
dence that would go before the
State Supreme Court of Appeals and
doubt that an appeal would bene-
fit us greatly"
Commemorative Attorney Law
renee w. Douglas of Arlington
County intervened in the suit to
protect his county's interests. He
opposed annexation because, he
said, it would increase Arlington's
burden of supplying water and
sewer services to the town, and for
other reasons.
Commemorative Attorney Paul
Brown of Fairfax County opposed
the petition with Mr.. McCandlish in
behalf of that county.
Falls Church is expected to be the
defendant in another annexation
suit within the next few years, OBJ
servers believe. A new law author
ICES the incorporation of Arlington
County into CITY, and as such. the
first step believed likely would be an
effort to annex Falls Church and
other contiguous territory in Fair
fax County.