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

DATE: THURSDAY, October 13, 1994                   TAG: 9410130072
SECTION: VIRGINIA                    PAGE: C3   EDITION: NEW RIVER 
SOURCE: RICHARD FOSTER STAFF WRITER
DATELINE:                                 LENGTH: Medium

SUIT FILED OVER CONSOLIDATION

Seven Bedford residents, including a former Bedford mayor and several business leaders, filed a lawsuit Tuesday against the city and county governments and a Forest couple over a petition for a voter referendum about consolidating the two governments.

The complaint, saying the petition drive was improperly conducted and illegal, alleges that H.F. and Anita Garner did not file a copy of the petition with the clerk of the Circuit Court before getting it signed, as required by state law. It also states that the couple failed to include affidavits on each page of the petition stating that the signatures obtained were those of registered voters.

Former Bedford Mayor Tom Messier said of the lawsuit, "We didn't feel the petition was properly done, and we're concerned with the way our tax dollars are being spent."

Dave Ballard, a retired city employee and one of the seven plaintiffs, said, "I'm against consolidation, and I do not believe [the petition] was handled right when it was filed in court. I also don't want my taxes to go up."

An economic impact study commissioned by the city earlier this year said that Bedford residents would see a 55-cent rise in real estate taxes if the two governments merged.

H.F. Garner said the lawsuit was the work of businessmen who feared losing economic advantages under a new government. "We followed what we thought were the right procedures," he said, defending the petition.

In a joint statement released by the city and county, Bedford Mayor Mike Shelton and Bedford County Supervisor James Teass said the governments would continue joint study sessions on consolidation but added, "If, indeed, there were irregularities in the process, then [the petition] certainly needs to be reviewed by the appropriate authorities."

The Garners submitted the petition to protect the Forest area from possible annexation by Lynchburg if a state-imposed moratorium on annexation expires in 1997.

An eight-member joint committee from the Bedford and Bedford County governments was formed in April to discuss a merger. They have one year to create a merger proposal for voters to consider in a 1995 referendum. The resulting city would be the largest city in Virginia.

by CNB