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

DATE: WEDNESDAY, February 27, 1991                   TAG: 9102270576
SECTION: VIRGINIA                    PAGE: B-2   EDITION: EVENING 
SOURCE: Associated Press
DATELINE: RICHMOND                                LENGTH: Medium

COURT CLEARS WAY FOR HENRICO BLACK VOTING DISTRICT PLAN

On Tuesday, a three-judge panel of the 4th U.S. Circuit Court of Appeals ruled that the county's appeal of decisions by U.S. District Judge Robert Merhige were premature because Merhige hasn't entered any final orders in the case.

Merhige's rulings "do not amount to a final order from which appeal may be taken," according to the opinion. Although the judge found the county in violation of federal law, "the court has thus far failed to make a final ruling on the matter of an appropriate remedy."

The decision cleared the way for creation of the new district, which would be based on 1991 census reports. The plan also calls for placing a black member on the all-white board.

Henry Marsh, a lawyer who represents the county's black voters, said the ruling could help bring the acrimonious court battle to a swift end.

Henrico officials, however, downplayed the ruling's significance.

"All it means is that the court didn't rule on the merits [of the appeal] and it puts that off for another day," said Paul Jacobs, a Richmond lawyer hired by the county.

At issue is Merhige's 1988 ruling that the county violated the rights of the black voters by diluting their voting strength when redistricting in 1981.

Merhige subsequently ordered officials to create a plan for the black majority district. But the county said that the district couldn't be drawn without gerrymandering and abandoning basic restricting criteria.