Evening star., 1950-07-21
Court Disnliisses
Annexation Suit
By Falls Church
City Studies Appeal
After Three. Judges
End 21-Doy Trial
By Mary Lou Werner


appealing a decision dismissins
the city's suit to annex 10.7s
square miles of Fairfax County.
The decision was handed down
late yesterday by a three judge
panel in Fairfax Circuit Court.
Falls Church Mayor Albert M
Orme said today it has not yet
been decided whether an appeal
will be sought. He emphasized
the final decision can be made
only by the City Council. The
next regular meeting of the coun-
Gil is scheduled for s pm. Mon
day.
II am making a study to de-
termine whether to recommend
that an appeal be taken," Mayor
Orme, said.
Attorney Horace Edwards noted
an exception to the courts rul-
! ing-leaving the way open for an
appeal.
Denial Unanimous.
Judges Paul E. Brown, Burnett
Miller, jr., and j. R. H. Alexander
reported they were unanimous in
their decision to deny the an
nexation.
The terse decision held the pro-
posed annexation "is not neces-
sary or expedient. considering the
best interests of the county, the
city. and the best interests, serv-
ices and need of the area pro-
posed to be annexed, and the best
interests of the remaining part
of the county"
These same words are found in
the State code. which requires
courts to make all such considera-
tions in rendering a decision.
The court did not go into COM
plicated questions that arose dur
ings the 21-day trial as to whether
the annexation plan would cause
Falls Church to exceed it's bond
limit, or whether the countys San
itary District No. should be split
City Attorney LaRue Van Meter
said the nature of the decision
meant that the entire record woulc
have to be considered in an ap.
peal. There were few exceptions
noted throughout the trial as the
court admitted any evidence each
side wanted. There are more thar
1000 pages in the trial record.
The county's successful defense
against the annexation was led by
Attorney Robert ], McCandlish.
jr. He was assisted by Common
wealth's Attorney Hugh B. Marsh,
Attorneys Frank l.. Ball and Ar
thur c Stickley II, who repre-
sented groups of county's residents
opposed to annexation, and John
F.. Bethune, former Mayor Of Falls
Church, who appeared for some
city residents opposing the plan.
Second Fight Against City.
It was Mr.. McCandlish's second
successful fight against Falls
Church in an annexation case.
He represented the county in
1912 when Falls Church first tried
to expand its boundaries. Falls
Church was still a town at that
time. It became a city two years
ago.
Since the latest suit was filed
the State Legislature has frozen
all annexation proceedings until
a special committee appointed by
the Governor can report during
the next session of the Legislature
in 1852, when the lawmakers may
decide to make it more difficult
for cities to annex.
The proposed annexation woule
have boosted Falls Church popu.
lation to nearly 10000, and multi
piled it's area approximately five
times. It would have meant Falls
Church could become a f1rst-class
city.
One of the principal arguments
Falls Church set forth was that
the urbanized area it sought needs
a city government.
Fairfax contradicted this, claim
ing its Government has legisla.
tive authority to take care ot
municipal services needed in thu
area. The city claimed it supple!
most of the area with water-tht
county said it has sewers through
out the area. Both the count!
and city were, anxious to have th'
area under their control becaus'
of the tax revenues it yields.
Fairfax now has to prepare TO
trial of Alexandria suit to anne,
rs square miles from the county
This suit is scheduled to be Sc
down for trial October II.