1958

Bd. of Supervisors v. Fairfax

Supreme Court of Virginia

199 Va. 612, 101 S.E.2d 519

Town of Fairfax made application to erect dam in Loudoun County to provide a water supply. Evidence was heard by trial judge, who considered the findings of the commissioners, and granted permission to build dam. Supreme Court affirmed. The required finding of public necessity or essential public convenience is a question of fact. Necessity is not absolute or imperative, but a reasonable necessity. An adequate water supply is essential to a municipality. The court’s determination of fact is given the same weight as the finding of a jury and will not be disturbed unless plainly wrong or without evidence to support it. No error, as the record supported court’s findings.

Back to Case Finder Main Page
Volume One Indexes:
To Case Name Index
To Topic Index
To Date Index
To Code Section Index