Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, November 22, 1994 TAG: 9411220124
SECTION: VIRGINIA PAGE: C1 EDITION: NEW RIVER VALLEY
SOURCE: RICHARD FOSTER STAFF WRITER
DATELINE: LENGTH: Medium
The group announced it will withdraw a lawsuit filed last month against Bedford and Bedford County and a Forest couple over a petition for consolidation.
"City Council has elected to go on in their own fashion" with consolidation, said the group's spokesman, John Boardman. "I don't think [consolidation] is in the best interest of the city, but this is something that the two governing bodies are doing on their own now."
The lawsuit alleged that H.F. and Anita Garner of Forest did not file a copy of their petition with the Circuit Court clerk before getting it signed. It also stated that the couple failed to include affidavits on each page of the petition stating that the signatures obtained were those of registered voters.
The petition called for the county and city to prepare a consolidation plan by February for voters to consider in a 1995 referendum.
Bedford Mayor Mike Shelton and former Bedford County Supervisor James Teass issued a joint statement in October that the city and county would continue preparing a consolidation plan for a 1995 referendum, regardless of the petition or the lawsuit.
Two weeks ago, a joint consolidation committee agreed on a plan that would turn Bedford County into Virginia's largest geographical city and make the current city into a shire of the new Bedford City. As a shire, the city would retain its local elected representation and be able to provide its current level of services to residents without a tax increase. It also could annex land from the larger city by ordinance instead of filing suit in court.
As a city, Bedford County would be protected from annexation by Lynchburg or Vinton if a state moratorium on annexation ends in 1997.
The group continues to oppose consolidation. "I'm very anxious to know how [the new consolidation plan] is good for the present city of Bedford and its residents. I don't understand how the shire concept changes anything," Boardman said.
Boardman is chairman and president of Bedford-based Sam Moore Furniture. The suit's other plaintiffs included business leaders, a retired city employee and former Mayor Tom Messier.
The group's attorney, James W. Jennings Jr., said he was instructed last week to withdraw the lawsuit. It will be formally withdrawn this week after an order is sent to Bedford County Circuit Court.
Memo: shorter version ran in the Metro edition.