City of Manassas v. Prince William County Board of Supervisors

33 Va. Cir. 286, 1994 Va. Cir. LEXIS 794
CourtPrince William County Circuit Court
DecidedMarch 16, 1994
DocketCase No. (Chancery) 35771
StatusPublished

This text of 33 Va. Cir. 286 (City of Manassas v. Prince William County Board of Supervisors) is published on Counsel Stack Legal Research, covering Prince William County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Manassas v. Prince William County Board of Supervisors, 33 Va. Cir. 286, 1994 Va. Cir. LEXIS 794 (Va. Super. Ct. 1994).

Opinion

By Judge Thomas S. Kenny

This case involves the construction and effect of an interjurisdictional agreement between Prince William County and the City of Manassas regarding, among other things, jurisdiction over the ground on which the county courthouse and other county buildings are located.

Background

When the Town of Manassas became an independent city in 1975, the City and the County negotiated an agreement to handle the transition. Numerous topics were covered, including schools, water, library facilities, and other services to be provided by one or the other of the parties. Also included was a provision that the City would “institute proceedings” to transfer jurisdiction over the “courthouse complex” back to the County. The “courthouse complex” consisted of approximately 38.4 acres of land owned by the County within the old Town, on which was located the courthouse and other County facilities.

The apparent intention of the parties was to carve out a piece of the City and return it to County status, thereby creating what has been referred to in the trial of this matter as a “hole in the doughnut.” This intention was never formally carried out, but the parties apparently managed to co-exist peacefully until a dispute arose around 1990 over the County’s plans to enlarge the jail and the judicial center on the [287]*287courthouse complex. The City opposed the idea, and the County favored it. Each side asserted jurisdiction to decide the issue, and the parties were unable to achieve a political solution to the impasse. As a result, they have turned to litigation.

The City filed this suit to seek a declaratory judgment that the courthouse complex is still within the city limits and subject to the jurisdiction of the City. The County counterclaimed that by reason of the transition agreement, jurisdiction had been “equitably converted” to the County; in the alternative, the County asked for specific performance of the transfer provisions of the transition agreement.

Since all of the judges in the Thirty-first Circuit recused themselves from considering the case, I was assigned to the trial of the case by designation of the Supreme Court. We had several sessions of pretrial motions, including some by conference telephone, and three days of trial testimony. I am prepared to make the following findings of fact and conclusions of law.

Findings of Fact

The County owns approximately 38.4 acres of land, generally bounded by Robnel Avenue on the north, Center Street on the south, Bennett Elementary School on the west and Grant Avenue on the east, which property is known as the “Courthouse Complex.” For scores of years, prior to incorporation of the City in 1975, the County courts, jail facilities, police facilities and other administrative offices have continuously existed in the Courthouse Complex. For this period the Courthouse Complex has served as judicial/correctional complex.

The City was incorporated from a town in 1975 as a city of the second class independent of the County and at that time, the Courthouse Complex was within the legal and equitable jurisdiction of the City of Manassas.

As a result of the Town transitioning to city status, the City and the Board of Supervisors of Prince William County along with the respective school boards of the two entities, entered into an agreement dated April 12, 1976 (“1976 Agreement”). (Pl. Ex. 11; Def. Ex. 1.)

The 1976 Agreement included a paragraph D which stated:

D. Courthouse Complex
City agrees to institute proceedings necessary to exclude from its corporate boundaries and from the jurisdiction of the City [288]*288the contiguous property constituting the courthouse complex as per the attached map, provided that such property shall again become incorporated within the City corporate limits in the event that the Prince William County Courthouse is relocated, and Council and Supervisors agree that any court order or legislation entered in furtherance hereof shall contain a reversionary clause to such effect.

During the negotiations of the 1976 Agreement, the Courthouse Complex included public works, health department, the clerk of the court, the Sheriff’s department, board of supervisors’ offices and chambers. The circuit court was in a modular building within the Courthouse Complex but removed from the “old Courthouse.” The county administration building which included the chambers of the Board of Supervisors was connected to the building which housed the Clerk of Court immediately behind the “old Courthouse” building.

Today, other public facilities within the Courthouse Complex include: the Judicial Center, the Adult Detention Center (“ADC”), the Modular Jail, the Senior Citizens Center, the Health Department offices, a police substation, courthouse annex, Old Bennett School, offices and a repair shop. The Judicial Center, the ADC and the Modular Jail were all constructed after 1976 to replace the previous court and jail facilities which had been located with the Courthouse Complex. The Senior Citizens Center was also constructed after 1976.

The Chairman of the Board of County Supervisors of Prince William County and the Mayor of the City of Manassas signed the 1976 Agreement after being duly authorized to do so by their respective governing bodies.

Legal counsel for the City and the County were available throughout the negotiations of the 1976 Agreement. In fact, each side hired special counsel for their expertise in interjurisdictional matters.

The idea of removing the Courthouse Complex from City jurisdiction was advanced by then Mayor Parrish and agreed to in principle at the conclusion of the final extended negotiating session which began on April 11, 1976.

The City wanted to keep the Prince William County Courthouse where it was located because the courthouse provides a substantial benefit to the City.

As a result of preliminary inquires made by the City in October, 1976, the City knew that Fairfax City had created a “doughnut hole” [289]*289inside its boundaries in which Fairfax County had jurisdiction. Fairfax City had instituted proceedings in 1967 by adopting an ordinance pursuant to Section 15.1-1059 of the Code of Virginia which was approved by the Fairfax Circuit Court and by the General Assembly.

With respect to Paragraph D, the City expected that it would institute legal proceedings to de-annex or retrocede the Courthouse Complex to the County in the manner accomplished by Fairfax City and Fairfax County. The Fairfax City provision differed from Paragraph D in that Fairfax City did not have a reverter clause.

Neither side has presented evidence describing the agreed to “proceedings” with any certainty or definiteness, other than by reference to the Fairfax proceedings.

The City believed that Paragraph D could be lawfully performed in the manner of Fairfax City until on or about October 5, 1976, when the Assistant City Attorney, Mr. Bendall, advised the City Council and the Acting County Attorney, Mr. Horton, of his reservations as to its legality.

The County, through its Acting County Attorney, acknowledges that it received Mr. Bendall’s October 5, 1976, letter. Mr. Horton testified that he believes he forwarded a copy of it to the County’s Director of Public Works for assistance with a legal description of the Courthouse Complex. Mr.

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Bluebook (online)
33 Va. Cir. 286, 1994 Va. Cir. LEXIS 794, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-manassas-v-prince-william-county-board-of-supervisors-vaccprincewill-1994.