County of York v. King's Villa, Inc.

The majority opinion relies on Armstrong v. Henrico County, 212 Va. 66, 77, 182 S.E.2d 35, 43 (1971), for the proposition that the setting of sewer rates and fees is a nondelegable legislative function. It then reasons that since the County Administrator set the $700 tap fee in this case, having no authority to do so, the subdivision agreement is void to that extent. This conclusion is based upon the erroneous premise that the Administrator set the fee. The Administrator did not set the fee. The York County Board of Supervisors set the $700 tap fee as a part of its “Waste-water Ordinance,”…