Henrico County v. City Of Richmond

• Decision Date: 06 December 1906
• Citation: Henrico County v. City Of Richmond, 106 Va. 282, 55 S.E. 683, 117 Am.St.Rep. 1001 (1906)
• Parties: HENRICO COUNTY . v. CITY OF RICHMOND et al.
• Court: Virginia Supreme Court

55 S.E. 683

106 Va. 282

HENRICO COUNTY .

v.CITY OF RICHMOND et al.

Supreme Court of Appeals of Virginia.

Dec. 6, 1906.

Constitutional Law—Distribution of Powers—Extension of Corporate Limits.Acts 1904, p. 144, c. 99[Va. Code 1904, p. 468, § 1014a] providing for the extension of the corporate limits of cities, and authorizing the circuit judges to carry out its provisions after ordinance passed by the city affected, is not violative of the Bill of Rights or of Const, art. 3[Va. Code 1904, p. ccxvii] requiring' the legislative, executive, and judicial departments to be separate and distinct as devolving on the judge* legislative powers.Buchanan, J., dissenting.

Error to Circuit Court Henrico County.

Proceedings by the city of Richmond for the extension of its corporate limits.From the judgment, the county of Henrico brings error.Modified.

The ordinance referred to in the opinion is as follows:

"Be it ordained by the council of the city of Richmond:

"1.That the city of Richmond hereby declare that it is desirable to annex, in pursuance of the act of the General Assembly of Virginia, approved March 10, 1904(Acts 1904. p. 144, c. 99[Va. Code 1904, p. 468, § 1014a]), certain territory of the county of Henrico, Virginia, adjacent to the present corporate limits of the city of Richmond, in which is included the town of Fairmount, and to that end the city of Richmond, doth hereby accurately describe the metes and bounds of such territory as follows:

"Beginning at the western city limits as incorporated by an act of the General Assembly, approved February 13, 1867(Acts1866-67, p. 635, c. 196), on the southern margin of James River; thence extending westwardly along the southern margin of James River to a point opposite the western face of the old canal lock No. 2, which point is on i straight line extending from the south bank and across James River on a course N. 23 degrees 30' E. to a point on the southern line of Hagan's addition, in the middle of the block between Spruce and Magnolia streets; thence along the southern line of said Hagan's addition in a southeastwardly direction to the western line of Belview street; thence in a northwestwardly direction parallel with Belview street, Blanton avenue and Tabb Road to a point 150 feet south of the south line of Beverly street; thence in a westwardly direction parallel with and 150 feet south of Beverly street to a point 150 feet west of Tabb Road in a northwardly direction to the north line of Beverly street;thence along a line parallel with and distant about 150 feet south of Westham Road or Cary street, continued; thence in a westwardly direction in a line parallel with and distant 150 feet south of the said Westham Road or Gary street, continued, to a point 150 feet west of Crenshaw avenue; thence In a northwardly direction along a line parallel with and distant 150 feet west of Crenshaw avenue to the centre of the present public alley midway of the block between Grove avenue and Hanover street; thence in an eastwardly direction along the centre line of the present public alley to a point 150 feet west of Roseneath Road; thence in a northwardly direction along a line distant 150 feet west of and parallel with the said Roseneath Road to a point 150 feet north of the Deep Run Turnpike or Broad street, continued, to a point 150 feet west of High Point avenue; thence following northwardly this line parallel with and 150 feet west of High Point avenue to the northern line of the right of way of the Seaboard Air Line Railway; thence following along the southern line of the right of way of the Seaboard Air Line Railway in an eastwardly direction to a point on the extension of the northern line of the property owned by the R. F. & P. R. R. Co.(Formerly the Fair Grounds); thence in a westwardly direction along a line of the northern line of the Fair Grounds property, if projected to the northeast line of the R. P. & P. R R. Co.; thence in a southwestwardly direction along the northeastern line of the right of way of the R. F. & P. R. R. Co., to the northern line of Leigh street; thence along the northern line of, to the western line of Spotswood avenue; thence in a northwardly direction along the western line of Spotswood avenue to the northern line of the right of way of the Seaboard Air Line Railway; thence in an eastwardly direction along the northern line of the right of way of the Seaboard Air Line Railway to a point 150 feet east of the eastern line of Allen street; thence northwardly parallel with and 150 feet east of the eastern line of Allen street to the alley about 120 feet south of Fritz street; thence eastwardly parallel with and 150 feet south of the south line of Fritz street to the west line of Virginia street; thence northwardly along the western line of Virginia street to a point in line with the northern line of Powell street, projected, which line is about 75 feet south of the south line of Fritz street; thence eastwardly parallel with the northern line of Powell street to a point 150 feet west of the west line of Mitchell street or Lamb avenue; thence southwardly to the northern line of Bacon Quarter Branch; thence along the northern line of said Bacon Quarter Branch in an eastwardly direction to the western line of Seventh street; thence in a direct line to a point 150 feet north of the present corporation line; thence eastwardly parallel with and 150 feet north of the present corporation line to a point 150 feet east of the eastern line of Seventeenth street; thence southwardly parallel with and 150 feet east of the eastern line of Seventeenth street to a point distant 150 feet north of Fairtteld avenue; thence in an eastwardly direction parallel with and 150 feet north of Fairfield avenue to a point in line with the eastern line of a 40-foot street (not named) parallel to and east of Buchanan street; thence in a southwardly direction to a point 150 feet south of Accommodation street; thence in an eastwardly direction 150 feet south of Accommodation street, extended, to a point 150 feet north of Redd street, projected; thence in a southeasterly direction parallel with and 150 feet north of Redd street to the east line of Mechanicsville Turnpike; thence in a northwardly direction along the eastern line of Mechanicsville Turnpike to the northern boundary line of town of Fairmount; thence in an eastwardly direction following the said northern boundary line of town of Fairmount to the center of 22d street, thence in an eastwardly direction parallel with and 150 feet north of 'V street to a point 150 feet east of 23d street; thence in a southwardly direction parallel with and 150 feet east of 23d street to a point 150 feet north of that section of 'T' street east of 26th street; thence in an eastwardly direction parallel with the eastern section of "F street to a point 150 feet north of T street, and to a point 150 feet north of Nine Mile Road; thence in an eastwardly direction parallel with and 150 feet north of the Nine Mile Road to a point N, 42 degrees W. of the point of intersection of 31st street and the Nine Mile Road; thence south 42 degrees east to a point distant 250 feet north of the northern corner of the Oakwood Cemetery property and in a continuation of the straight line bounding said cemetery on the west; thence from this last mentioned point along a line parallel with and 150 feet north and east of the northern and eastern meanderings of Stony Run Branch and Gillie's creek to a point on the south line of the National Cemetery Road; thence along the south line of the National Cemetery Road in an eastwardly direction about—to a point 750 feet east of the eastern line of Malone street; thence along a line parallel with and about 750 feet east of Malone street to a point 150 feet south of Williamsburg avenue; thence in a westwardly direction parallel with and 150 feet south of Williamsburg avenue to a point 150 feet east of the eastern line of Scott street; thence southwardly parallel with and 150 feet east of Scott street, to a point 150 feet south of the southern line of Potomac street, projected; thence in a westwardly direction parallel with and 150 feet' south of Potomac street to a point 150 feet west of the western line of 10th street' (Fulton); thence in a northwardly direction parallel with and 150feet west of 10th street (Fulton) to a point 150 feet south of Williamsburg avenue; thence in a northwardly direction, parallel with and 150 feet west of Williamsburg avenue to the present corporation line 150 feet south of Orleans street; thence following along the present eastern, northern and western boundaries of said city to the point of beginning, the metes and bounds of which territory proposed to be annexed appear and may be traced and verified on a map on file in the office of the city engineer of the city of Richmond.(As amended by the ordinance approved August 19th, 1905.)

"2.The city of Richmond doth hereby set forth the necessity for and the expediency of the proposed annexation, that is to say:

"(1) That the crowded and congested conditions, at present prevailing, in almost every section of the city may be relieved by adding sufficient territory to the corporate limits of the city not built upon, but adapted to city improvements, so as to afford cheap and desirable locations for the erection of commodious, healthful and beautiful residences.

"(2) That the present and prospective systems of public improvement of the city, such as the establishment of grades of streets and alleys; the plans of construction of sewers, culverts, drains, and water and gas mains, may be designed, adjusted and made, so as to avoid unnecessary annoyance and damage, necessarily occurring where property is built upon and developed before such systems are designed, acquired and made.

"(3) The fact that a part of the territory proposed to be annexed is already built upon, though without any sufficient system of sewers or other...