Minutes 02/13/1979 (2) - Laserfiche WebLink

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DO TUESDAY FEBRUARY 13, 1979 set forth. Upon motion, duly seconded and unanimously carried (by a recorded vote), Council convened into an Executive Session to consider a legal matter and a report thereon from City Attorney David B. Worthy, involving the injunctive proceedings recently initiated by the Henry County Board of Supervisors (against the City of Martinsville) to prohibit the City's supplying water service to a facility being constructed by Frith Construction Company in--or adjoining--the City's Industrial Park, outside of the City (see Council Minutes of December 12, 1978, page 167). Upon reconvening into regular session, and having reviewed the decision of the presiding judge in this case (viz., The Honorable W. Carrington Thompson, of the Twenty-Second Judicial Circuit), as hereinafter made a part of these minutes, and upon motion (duly seconded and unanimously carried), Council authorized City Attorney Worthy to appeal Judge Thompson's decision, as recommended by the City Attorney in his February 6th memorandum to Council, also made a part of these minutes: Judge Thompson's Decision (by letter dated February 1, 1979) The Court has had this matter under consideration since the ore tenus hearing of January 3rd. The City contends that its rights are not statutory but are its common law right to dispose of surplus water, as established in Town of Mount Jackson v. Nelson & Bauserman, 151 Va. 396 (1928). In 56 Am Jur2d at page 621 under the caption MUNICIPAL CORPORATIONS this is said: "In the absence of express constitutional or legislative regulation, it is generally held that a municipal corporation, in conducting extraterritorial activities such as public utilities, is subject to the conditions in force withln the outside territory in which it acts. It has been declared broadly that a munIcipality may not compel consumers outside its corporate limits to purchase commodities or services from it and, that, on the other hand, it cannot be compelled to furnish commodities or services to nonresidents."