Town of Fincastle v. Sample

By JUDGE ROSCOE B. STEPHENSON, JR.

The threshold question before the Court is whether, under the facts presented, the Town of Fincastle (the town) can enforce its water ordinance beyond its corporate limits.

Since the case is before the Court on the defendant’s motion to strike the town’s evidence, the evidence will be viewed in the light most favorable to the town. The defendant, Joseph W. Sample (Sample), resides outside the town’s corporate limits in Botetourt County, and he has refused to pay the connection fee and the "minimum user" fee as provided for in the town’s water ordinance. Sample…