Evening star., 1953-05-12
Falls Church
Awaits Ru|inq
In School Case
Court to Decide
If City Will Have
To Build New One
By WiIIiom J. Elvin

Oy VIlIt0W }. 6tVtU
The Falls Church City Council
is awaiting State Supreme Court
action on a case that could re-
suit in transfer of Fairfax Coun-
tvs Oak Street School to the city
without cost.
The possibility postponed in
definitely a bond isue of SITS. 900
for school construction that was
being considered for a June 8
referendum.
City Attorney Lytton H. Glib
son told the council last night
that a decision in Chesterfield
County Circuit Court raises the
possibility of Falls Church ac-
QUESTION of the Fairfax County
elementary school in the city.
$35O.OOO Set Up.
In the proposed Falls Church
bond issue, $3.50 900 had been set
up for acquisition of Oak Street
School or construction of equiv
alent facilities.
MIR. Gibson said the State
Supreme Court could leave the
city where it is now-seeking to
buy the school from Fairfax. At
the other extreme, he said, the
court decision could establish a
precedent that might give to
Falls Church both Oak street
and the county's Falls Church
High School.
The city's hopes spring from
the still unsettled negotiations
with Fairfax County resulting
from the transition of Falls
Church from a town to a second
class city in 1948.
The city and county were di-
rected by Fairfax Circuit Court
to work out a settlement. This
they still have not done because
an lmpasse developed on one
issue.
Returns to School Debt.
The issue was whether Falls
Church should receive anything
in return for assuming part of
the Fairfax school debt.
The two Jurisdictions agreed
that Falls Church. with about
10 per cent of the total county,
city assessed valuation, should
assume about 10 per cent of the
$2.4 million county school debt.
LaRue Van Meter, who was
city attorney at the time, con-
tended that Falls Church. in
assuming the debt, should re-
ceive proportionate assets in re-
turn, such as Oak Street School.
The city and county have been
comforting on the settlement but
this years negotiations have in
cluded a city attempt to buy the
county elementary school To-
Gated in the city.
Mr.. Gibson told the council
last night that the decision ia
vorable to cities was handed
down in December by Chester
field Circuit Judge j. G. Jeffer-
son, jr.
Colonial Heights Case.
In decreeinp a settlement he
tween Chesterfield County and
Colonial Heights. a community
near Richmond that became a
city in 1948, Judge Jefferson
awarded Colonial Heights Ele-
mentary School to the new city.
If the city were to buy this
school property from the county,"
Judge Jefferson said, 1T would
in effect be requiring the city
to pay for it twice"
The judge said the city along
with the balance of the county
had been paying taxes to build
school houses and other public
improvements in the county. In
settlement of equitable claims"
OF the city and county as re-
quired in State law, he said it
was reasonable to require the
city to assume share of the
bonded debt but also to receive
the school. which represented a
share Of the county assets.
Mr.. Gibson said preliminary
State Supreme Court action in
the case might be forthcoming
by next month.
In other business last night.
the Falls Church Council gave
final authorization for a referen-
dunn on June 8. municipal elec-
tion day. on 100000 in bonds
for street and sewer work.