Evening star., 1949-07-27

VII
Indicates County Is
Entitled to Control
Of Two Schools
Falls Church apparently has
lost one of its major arguments
for annexation of adjacent Fair
fax County territory as a result Of
action in Fairfax Circuit Court on
a city-county school dispute.
Judge C. G. Quesenbery strong
ly indicated yesterday that Fair
fax County has the right to retain
control of two schools 1t built
within the Falls Church city linn
it's. Control of nearly all schools
serving the area proposed for an
nexation is a reason given by Falls
Church why the affected county
residents would benefit by being
taken into the city.
City Attorney LaRue Van
Meter said this argument in an
annexation ordinance may have
to be changed. The city formally
began action against the county
yesterday by serving notice on the
county supervisors that the city
attorney plans to appear in Fair
fax Circuit Court on or about
September / to move for a de-
claratory judgment giving the city
about IS square miles of county
land.
Judge Quesenbery, who was sit
ting for Judge Paul E. Brown,
said he hoped to enter a final
decree in the school control dis
pute in about 10 days. He said
he did not believe the city had
shown that any law compels the
county to transfer ownership OF
the schools to the city.
Il don't think you can divest
the county of its titles to the
schools unless you produce a law
showing that you can" Judge
Quesenbery said. He said that
very probably" this would be his
final opinion in the case.
Mr.. Van Meter said the decision
would place the city in a "di-
lemma" and very embarrassing
position"
"The court didn't get you in
the dilemma and I don't know
if we can get you out Of It," COM
mented Judge Quesenbery. He
later told Mr.. Van Meter. "You
brought this on yourself. The
county did not bring it on you"
Falls Church has sought to win
control of all public schools with
in its boundaries. Judge Quesen-
berry ruled several months ago
that Falls Church was entitled to
operate a school system inde-
pendent Of the county. but did
not specify how many schools
the system should include. =
Retained Two Schools.
The County School Board agreed
to turn over the Madison School
and the old Jefferson School to
Falls Church, but refused to re-
linquish control Of the Oak Street
Elementary School and the Falls
Church High School, which also
are in the city.
The Falls Church School Board
will meet at 8 pm. today at Madi-
son School to discuss what action
may be taken in the event the city
comes out of the current con-
troversy with Fairfax County with
no schools or only Madison School
and its annex. Jefferson.
Judge Quesenbery overruled Mr..
Van Meters attempts to intro
duce evidence about school popu-
lation and about alleged ineffi-
cient school administration by the
county. Mr.. Van Meter argued
that the law required the city to
operate an efficient school system
for its children.
Judge Quesenbery said the only
issue was the right OF Falls
Church and Fairfax County to
the disputed school property. He
said Falls Church would have a
free hand" to establish and
maintain q school system of its
own despite any ruling on the
two disputed schools.
Mr.. Van Meter later said he be-
lieves the city may propose con-
struction of a high school and an
elementary school in adjacent
Fairfax County territory to serve
students living in the city. He
said the city School Board would
have to decide whether it wants
to take Madison School and JEFF
ferson School without the other
two.
Judge Quesenbery said there
are other places in the State
where county -owned schools are
operated in cities of the second
class.
Morton Wallerstein, associate Of
Mr.. Van Meter, replied that those
were cases that had been mutual
ly agreed on by the county and
city.
Deleted From Law.
Mr.. Wallerstein contended that
the General Assembly had deleted
from an annexation law a phrase
that referred to counties retain
ing control of schools in areas
taken over by cities. Mr.. Waller
stein said this showed it was the
Legislatures intent that cities and
counties should be autonomous
governmental units.
Commonwealth Attorney Hugh
Marsh Of Fairfax argued that the
S,.& k~k >f T..