CITY OF NORFOLK v. OAST, 189 Va. 508 (1949)

53 S.E.2d 137

CITY OF NORFOLK v. EDWARD L. OAST, FLOYD E. KELLAM AND J. JORDAN TEMPLE, JUDGES DESIGNATED AS THE COURT TO HEAR AND DETERMINE THE ANNEXATION PROCEEDING OF CITY OF SOUTH NORFOLK AGAINST NORFOLK COUNTY.

38857Supreme Court of Virginia.
April 28, 1949

Upon a petition for a writ of prohibition, petition dismissed.

Williams, Cocke Tunstall, for the petitioner.

James G. Martin, James N. Garrett, Major M. Hillard, A. O. Lynch, W. R. Ashburn, Paul W. Ackiss, Richard B. Kellam, Jerry G. Bray, Jr. and Tazewell Taylor, amici curiae.

This day came again the parties, by counsel, and the court, having maturely considered the petition of the petitioner, the briefs of amici curiae and arguments of counsel, is of opinion that the said respondents have jurisdiction to determine the validity of the ordinance and proceedings in the case of City of South Norfolk against Norfolk county.

It is therefore considered that the said petition be dismissed, and that the respondents recover of the petitioner their costs by them expended about their defense herein.

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