ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: WEDNESDAY, May 2, 1990                   TAG: 9005020440
SECTION: VIRGINIA                    PAGE: B3   EDITION: METRO 
SOURCE: MONICA DAVEY STAFF WRITER
DATELINE: BEDFORD                                LENGTH: Medium


BEDFORD MAYOR CALLS LAWSUIT `FRIVOLOUS'

City officials Tuesday said the county's suit against the city and a county nursing home lacks merit and is just a delaying tactic.

"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.

The city last year put a moratorium on water and sewer extensions to county properties, after a disagreement over rates.

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 for it to be made part of the city - and be allowed utilities.

The city agreed to the utility extension as long as Carriage Hill pursued the annexation request.

But the county, in its suit, alleges that the city already was obligated to serve the nursing home land with utilities and claims that 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. The suit calls for an injunction to keep the matter from going ahead in the commission.

After the annexation request was filed, the county agreed to fight and hired Richard Cranwell, a Vinton lawyer and state delegate, as its attorney. County officials predicted the matter could cost the city and county $250,000 each.



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