Southern Railway Co. v. City of Richmond

This appeal is a sequel to the case of City of Richmond v. Southern Railway Company, 203 Va. 220, 123 S. E. 2d 641, where we decided, inter alia, that the State Corporation Commission was without jurisdiction to pass upon the validity of the zoning ordinance of the city, as applied to the railway. Following our decision, the railway filed against the city, in the Law and Equity Court of the City of Richmond, a motion for declaratory judgment (Code, § 8-578 et seq.).

The motion alleged that the railway owned a tract of land in the city of Richmond, adjacent to its main line right-of-way, which,…