Jamerson v. Womack

423 S.E.2d 180, 244 Va. 506, 9 Va. Law Rep. 515, 1992 Va. LEXIS 110
CourtSupreme Court of Virginia
DecidedNovember 6, 1992
DocketRecord 920460
StatusPublished
Cited by16 cases

This text of 423 S.E.2d 180 (Jamerson v. Womack) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Jamerson v. Womack, 423 S.E.2d 180, 244 Va. 506, 9 Va. Law Rep. 515, 1992 Va. LEXIS 110 (Va. 1992).

Opinions

JUSTICE WHITING

delivered the opinion of the Court.

In this suit, we decide whether the chancellor erred in holding that the General Assembly’s 1991 reapportionment act (the 1991 plan) did not violate the compactness requirements of Article II, § 6 of the Constitution of Virginia in fixing the boundary lines of two of the forty senatorial districts.1

[509]*509W.E. Jamerson and 33 other residents, taxpayers, and “duly qualified” voters in the 15th and 18th Senatorial Electoral Districts (the complainants) brought this declaratory judgment suit against Pamela M. Womack, Secretary of the Commonwealth, and other state officials (the defendants). The complainants contend that the boundaries of Senatorial Districts 15 and 18 do not comply with the compactness requirement of Article II, § 6. These boundaries were fixed by Code §§ 24.1-17.19 and -17.22, as enacted in Chapter 18 of the Acts of the 1991 Special Session of the General Assembly.

Both districts are in Southside Virginia. District 15 extends approximately 145 miles from west to east and encompasses all of Appomattox, Charlotte, Prince Edward, Lunenburg, Nottoway, and Sussex Counties, parts of Dinwiddie, Greensville, Isle of Wight, Mecklenburg, Prince George, and Southampton Counties, and parts of the Cities of Emporia, Franklin, and Suffolk. Code § 24.1-17.19. District 18 extends approximately 165 miles from west to east and includes all of Halifax and Brunswick Counties and the City of South Boston, parts of Greensville, Isle of Wight, Mecklenburg, and Southampton Counties, and parts of the Cities of Chesapeake, Emporia, Franklin, Portsmouth, and Suffolk. Code § 24.1-17.22. A map showing the perimeters of these districts and those parts of the jurisdictions included therein is attached as an exhibit.

Following a two-day evidentiary hearing, the chancellor held that the reapportionment of these senatorial districts did not violate Article II, § 6. Accordingly, he denied the petition for declaratory judgment and dismissed the case. The complainants appeal.

Several well-settled principles apply to a review of legislative determinations. Legislative determinations of fact upon which the constitutionality of a statute may depend bind the courts unless clearly erroneous, arbitrary, or wholly unwarranted. Bristol Redevelopment & Hous. Auth. v. Denton, 198 Va. 171, 176, 93 S.E.2d 288, 292 (1956) (whether area is blighted within meaning of Virginia Housing Authorities Act). However, “legislative conclusions based on findings of fact are not immune from judicial review where they are arbitrary and unwarranted.” Id. at 176-77, 93 S.E.2d at 292.

As a corollary, it is also settled that if the validity of such a determination is fairly debatable, the legislative determination will be upheld by the courts. Barrick v. Board of Supervisors, 239 Va. 628, 630, 391 S.E.2d 318, 319 (1990) (adoption of zoning ordinance). In this context, an issue is “fairly debatable” if, “when, [510]*510measured by both quantitative and qualitative tests, the evidence offered in support of the opposing views would lead objective and reasonable persons to reach different conclusions.” Board of Supervisors v. Jackson, 221 Va. 328, 333, 269 S.E.2d 381, 384-85 (1980) (denial of rezoning by board of supervisors).

Further, we also note the “strong presumption of validity” attached to every statute and the requirement that it “clearly” violate some constitutional provision before courts will invalidate it. Caldwell v. Seaboard System R.R., 238 Va. 148, 152, 380 S.E.2d 910, 912 (1989). Thus, courts “have nothing to do with the question whether or not legislation is wise and proper”; only where the statute in issue is “plainly repugnant” to a constitutional provision will we declare it null and void. City of Charlottesville v. DeHaan, 228 Va. 578, 583-84, 323 S.E.2d 131, 133 (1984) (quoting Ex parte Settle, 114 Va. 715, 719, 77 S.E. 496, 497 (1913)).

In this particular litigation, it should be remembered that reapportionment “is, in a sense, political, and necessarily wide discretion is given to the legislative body.” Brown v. Saunders, 159 Va. 28, 36, 166 S.E. 105, 107 (1932). An abuse of that discretion is shown only by a ‘ ‘grave, palpable and unreasonable deviation from the principles fixed by the Constitution.” Id. at 44, 166 S.E. at 110-11. In considering the validity of one provision of a reapportionment statute, we said that “[wjhen fair minded men from an examination of the apportionment and division can entertain no reasonable doubt that there is a grave, unnecessary, and unreasonable inequality between districts, the Constitution has been violated and it is the duty of the court to so declare.” Id. at 45, 166 S.E. at 111 (quoting Attorney General v. Suffolk County Apportionment Comm’rs, 224 Mass. 598, 607, 113 N.E. 581, 586 (1916)).

In addition to the constraints imposed upon courts in their review of legislative determinations of fact, we also note that, as an appellate court, we are bound by a chancellor’s resolution of disputed facts, if supported by credible evidence. Rubin v. Gochrach, 186 Va. 786, 794, 44 S.E.2d 1, 4 (1947). And we also consider the evidence and all reasonable inferences that can be drawn therefrom in the light most favorable to the parties who prevailed before the chancellor. Carter v. Carter, 223 Va. 505, 509, 291 S.E.2d 218, 220 (1982).

[511]*511Finally, we recognize two overarching conditions that bind state legislatures in reapportioning electoral districts. The first condition is that imposed by Article I, § 2 of the United States Constitution. It compels “equal representation for equal numbers of people”; otherwise expressed, “one person, one vote.” Wesberry v. Sanders, 376 U.S. 1,18 (1964). The second condition is compliance with those mandates of the Federal Voting Rights Act, 42 U.S.C. §§ 1971-73bb, that bind state legislatures in their reapportionment acts because of the provisions of the Supremacy Clause of the United States Constitution, Article VI, and of the Fourteenth Amendment to that Constitution. See Katzenbach v. Morgan, 384 U.S. 641, 643-47 (1966).

One such mandate is that there be no dilution of minority group voting strength in a reapportionment. 42 U.S.C. § 1973(b); see Thornburg v. Gingles, 478 U.S. 30, 44 (1986).

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Jamerson v. Womack
423 S.E.2d 180 (Supreme Court of Virginia, 1992)

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Bluebook (online)
423 S.E.2d 180, 244 Va. 506, 9 Va. Law Rep. 515, 1992 Va. LEXIS 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jamerson-v-womack-va-1992.