2004

Allfirst Trust Co., N.A. v. County of Loudoun

Supreme Court of Virginia

268 Va. 428, 601 S.E.2d 612

Landowners sought to be annexed into the Town of Leesburg. The County argued to the three judge special court that the petition filed before the Commission on Local Government was jurisdictionally invalid as it did not include the mandated metes and bounds description of the land to be annexed. Special court dismissed the proceeding, holding the omission to be fatal. Special court further found that the petition did not satisfy the requirement that 51% of owners of real estate in number and land area initiate the annexation. Supreme Court found error in the special court’s conclusion that adding the metes and bounds did not cure the jurisdictional problem, but found the error harmless in the face of not having 51% of the landowners in a designated area initiate the petition as required by Va. Code § 15.2-3203(A).

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