Friday, October 16, 2009

Appeal Awarded by Virginia Supreme Court on Formation of Fluvanna Joint Water Authority with Louisa County

"Upon the petition of Douglas Robert Johnson, an appeal is awarded him from an order entered by the State Corporation Commission" which formed the James River Water Authority.

This simply means that the Virginia Supreme Court has decided that they will hear the case. The base question is whether or not Fluvanna County will have the referendum demanded by the petitions signed by over 2000 Fluvanna residents,

There is assumed a general agreement that water from the James River should be piped up to Zion Crossroads. But there are many questions including who will pay for the project. Those who already have water, wonder why they should pay for the water line.

And there are those feel that they were deprived of a referendum on the one hundred million dollar Domino Plan school construction project. These do not want to be deprived on a referendum on the water authority

The law clearly states that if ten percent of the voters sign a petition that is delivered to the Board of Supervisors, then there will be a referendum.

Well the required signatures were submitted at the specified time but the Board of Supervisors, with a four to two vote, ignored the petitions claiming some minor irregularity. The citizens responded by re-circulating the petitions and, for a second time, achieved the ten percent requirement.

When the Board then ignored the second petition also, the whole situation moved to the courts. After two months of legal maneuvering, Johnson appealed to the Virginia Supreme Court.

On October 13, 2009, the Supreme Court agreed to hear the case. The next step is Briefs from both sides and then Oral Arguments. After that the Court will issue its ruling. The earliest this can happen is January of 2010.

This could all end now with the Board of Supervisors simply agreeing to the referendum the people clearly want.

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