Evening star., 1951-10-17
Possible
ByDecember3 ;
On Annexation
Virginia Court
Hears Alexandra,
Falls Church Issues
By the Asseeicisd Press

by me ASsoetoteo Ffet3
RICHMOND, Oct. II. Vir-
ginia's Supreme Court of Appeals
may hand down a decision in De-
cember in annexation cases in
volving Fairfax County and the
cities Of Falls Church and Alex
andria.
The decision may come on the
next opinion day, December 3.
After hearing arguments in the
two cases here yesterday. the court
adjourned its october term to
meet November 26.
A three-judge annexation court
last year awarded Alexandria 7k
square miles Of Fairfax territory
in which some 11.000 persons live.
The county has appealed.
Fairfax was on the receiving
end Of the Falls Church argu-
ments. An annexation court re-
fused to grant Falls Church about
10 square miles of county terri
tory inhabited by about $4,000
persons. and Falls Church ap-
pealed.
Cites 3 Points.
Robert j. McCandlish, jr., Fair
fax County counsel, based his ar
guments for reversal of the deci-
sion in the Alexandria case on
these three main points:
That Virginia law prohibited
the trial court from granting the
annexation because it reduced the
size Of the county's Sanitary Dis
trict No. /.
That the territory sought to be
annexed had no community Of
interest with the city.
That the Supreme Court had
held in the Portsmouth annexa-
ton proceedings that a city
couldn't take over undeveloped
land by annexation.
194S Act Stressed.
Horace H. Edwards. former
Mayor Of Richmond and special
counsel for Alexandria. countered
with the assertion that an act Of
1948 specifically provided for the
reduction of the size of sanitary
districts.
On the other points, Mr.. Ed
wards said there was a definite
community of interest between
residents ofthe county area and
the city, citing the shopping.
school and church facilities used
by the area residents.
an addition" he said. 1--WE are
confronted here with a most un-
usual argument. The counties in
volved in annexation proceedings
usually complain that the cities
wait until the counties develop
the areas and then reach out and
grab them for tax purposes.
I'VE are confronted now with
the argument that you can't take
it because we haven't developed
| it,"
Development Restricted.
MIR. Edwards argued that Alex
andria is bulging at its seams and
must expand westward into Fair
fax. The city is bounded on the
east by the Potomac River, on
the north by Arlington County,
which is protected against piece
meal annexation because it has
the county manager form of gov
ernment. and on the south by
Hunting Greek. a natural bound
ary.
| Both Mr.. Edwards and Alexan-
dria City Attorney v. Floyd Will
liams stressed that the area to be
annexed is just coming into it's
own" and unless the city is al
lowed to plan its orderly Develop
ment it would develop as a hodge
Ipodge. Moreover, city counsel
added, the city was able to pro-
vide police, fire. school, health and
welfare facilities.
Called "Dormitory Town."
| In the Falls Church case, Mr..
McCandlish referred to the small
er city as "a dormitory town."
which was used by Washington
workers only as a place to sleep.
| He said Falls Church had noth-
ing in the way of better school.
health or protective services to
offer the county residents, and
said the trial court found the
city's annexation proposal neither
necessary or expedient."
Mr.. Edwards, also representing,
Falls Church. cited the court die
tum that urban areas should be
given an urban government. He
said bankers were agreed that the
city was financially able to bear
the costs of expanding it's facili-
ties to care for an increased pop
Iulation.
Fears Debt Increase.
On this score, however, Mr.. Nc
Candlish said that if the money
proposed to be spent in the next
two years on improvements and
services for the area sought we're
added to Falls Church's present
debt, the total would be more than
the constitutional IS per cent lin
itation of assessed tax values.
An act of the 1850 LEGISLATURE
banned any new annexation pro-
ceedings for a two-year period so
the legislators could give more
study to the controversial problem
which has been splitting the
country boys" and the city boys'
for the past several legislative
terms.
The Fairfax cases, however, are
not affected by the law since they
were instituted before it went into
effect.