Evening star., 1950-06-18
Falls Church beckworth Asks
Annexation Suit House Action on.
Starts Tomorrow Second Airport
County 3-Judge Court
To Hear Arguments
On City Lond Needs
By Mary Lou Werner


The troublesome question of
how much elbow room Falls
Church needs-at the expense of
Fairfax County-will go before
three Judge court in Fairfax
tomorrow.
At that time, the city will be-
gin arguments on its suit to annex
1075 square miles Of county ter
ritory.
The court will decide how much
If any, additional land the nearby
Virginia city needs to accommo-
date its rapidly growing popu-
lation. 1t also has power to
give the city land outside the
boundaries proposed by the mu-
nicipality.
The city's designs on county
land began when Falls Church
became a city of the second class
in 1948.
1t became evident then that
Falls Church soon would want to
expand its boundaries into the
county of which it once was a
part.
County CementS Hold.
Mindful Of Falls Church's in
tentions, Fairfax County started
cementing its hold on the valuable
lands about the city. 1t sue
ceeded in getting it's residents to
approve a SO million sewer bond
issue.
The city tried to block this be-
cause 1t meant Fairfax could buy
the Federally-owned Holmes Run
trunk sewer which serves much
of the city. AS a result, the
city cut back the area it seeks
from IA acres to the present fig
ure.
Then came the recent sos
school bond issue approved by
Fairfax County voters. It's adop-
tion means Falls Church may have
to assume part of the debt if it
wins some land from the county.
Despite these attempts by the
county to keep pace with the
mushrooming population around
Falls Church, the city claims its
government is in a better posi-
ton to meet the needs Of an
urban-type area.
In Line With Policy.
This claim Is in line with the
following State policy on annexa-
tion:
. THE constitution and statutes
by providing the different types
of government for the counties
and cities of the State have es-
tablished the policy of keeping
urban areas under city govern
ment. and rural areas under
county government"
Also on the city's side is a
court opinion that "the interest
of the State in annexation pro-
ceedings lies along the line which
promises the greatest develop
ment." The code then goes on
to define development" as growth
of the city as a whole, and not
development of the annexation
area.
The city claims most of the
residents in the area it seeks have
community interest" in Falls
Church. It is. preparing exhibits
to show that fringe" residents
participate in many Falls Church
activities. and shop and go to
church there.
Boost in Population Seen.
The $500 population of Falls
Church would be boosted well
above the required 10000 to make
1t a first class city If the annexa-
ton goes through.
But it also would bring added
reSponSibilitieS-and added costs
The city would have to set up its
own corporation court, with a
clerks Office. and pay a common
wealth's attorney. The police force
also would have to be expanded
This fear of extra costs has
prompted some Falls Church resi-
dents to oppose annexation. For
mer Mayor John F. Bethune has
signatures of about TOO city resi-
dents who are against the plan.
The county claims Falls Church
brought the annexation suit tC
rescue the city from it's financial
plight. The language of the suit
according to the county. "indi-
Gates it is an attempt to rescue q
city which is financially in nc
position to take care of its own
bare necessities.
Along thiS-line, courts have said
THE power of extending cor
porate limits is granted not to be
resorted to for the purpose alone
of increasing the income of" the
municipality" and "the court shall
take into consideration the
loss of revenue to the county and
the effect that annexation may
have upon the revenues of the city
and county"
{ 1t has been estimated that the
assessed value of the area sought
by Falls Church is SIS million
This is about one-fourth of the
approximately $50 million assess
ment for the entire county.
Most of the arguing in court
will be done by Robert j. McCand-
lsh and Commemorative Attor-
hey Hugh Marsh for Fairfax, anc
Horace Edwards and City Attor-
ney LaRue Van Meter for Falls
Church. Judges who will heal
the case are Paul E. Brown, oi
Fairfax Circuit Court, j. r. H
Alexander of the 26th circuit, ane
Burnett Miller, jr., Of the 9th Cir
cult.