City of Charlottesville v. County of Albemarle

We consider here whether Code § 15.1-1055 bars an annexation proceeding brought by a city within five years of the entry of a final order in another annexation proceeding by the same city which was dismissed because of its failure to comply with the provisions of Code § 15.1-1033.

The City of Charlottesville sought to annex territory from Albemarle County and, after adopting an ordinance for annexation as re quired by Code § 15.1-1033, instituted an annexation proceeding by filing on January 8,1971 its petition for annexation in the court below and giving the required notices. In accordance…