Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, May 2, 1990 TAG: 9005020427
SECTION: VIRGINIA PAGE: B1 EDITION: BEDFORD/FRANKLIN
SOURCE: MONICA DAVEY STAFF WRITER
DATELINE: BEDFORD LENGTH: Medium
"Sadly, valuable assets much needed for mutually beneficial regional growth are now diverted to frivolous litigation," Bedford Mayor Michael Shelton said in a written release Tuesday.
Last week, the Bedford County Board of Supervisors filed suit against the city and against Carriage Hill nursing home, which has asked the Commission on Local Government to allow its 23 acres just outside the city to be annexed.
"Bedford City Council continues the desire to maintain a productive and cooperative relationship with Bedford County," according to Shelton's statement. "The city has repeatedly expressed its willingness to continue the provision of services to the county to the extent of its ability to do so, but it cannot forever bear the cost to its taxpayers as the county reaps the fruit."
The city last year put a moratorium on water and sewer extensions to county properties, after a disagreement over water and sewer rates. The city wanted to raise the rates of some county landowners - served by its utilities - but county officials objected.
Carriage Hill, which planned to expand, could not get water and sewer extensions because of the moratorium. So in January, the nursing home owners asked to be made part of the city - and be allowed utilities.
The city agreed to the utility extension so long as Carriage Hill pursued the annexation request in good faith.
But the county, in its suit, alleges that the city already was obligated to serve the nursing home land with utilities under a 4-year-old agreement and claims that the city officials pushed Carriage Hill into asking for annexation.
City officials said Tuesday that they could not discuss specific allegations in the suit.
It's not clear how the county suit will affect the annexation-request process. A preliminary hearing is scheduled in Richmond on Monday before the Commission on Local Government, which deals with annexation matters.
The county suit calls for an injunction to keep the matter from going ahead in the commission, but Circuit Judge William Sweeney has not ruled on the injunction issue.
It is also unclear how the whole issue could affect a meeting of the City Council and Board of Supervisors scheduled for May 15. The joint meeting was set some months ago, but Shelton expressed concern Tuesday about issues that might be addressed at the meeting - given the litigation.
"At this point in time, the meeting is still set," Shelton said. "With the litigation, though, there may be very little for the city and county to discuss." The meeting "might not be very productive," he said.
Bedford County Administrator William Rolfe said Tuesday that he was not aware of any change in plans for the May 15 meeting. Rolfe said the supervisors' attorney had "not said one iota" about a need to cancel the meeting or not discussing certain issues due to the suit.
Shelton criticized the county's action as a waste of money. After the annexation request was filed, the county agreed to fight the suit and hired Richard Cranwell, a Vinton lawyer and state delegate, who is considered an expert in annexation matters, as its attorney. County officials predicted that the matter could end up costing the city and county $250,000 each in legal fees.
"It is senseless and inexcusable that taxpayers' money is to be spent on an action that could be best handled through cooperation," Shelton said.
The city has hired another expert on annexation, Carter Glass of Mays & Valentine in Richmond, as its outside counsel. So far, the city has spent nothing on the matter.
The county has paid about $3,500 so far in legal fees, Rolfe said Tuesday.
by CNB