Hearing and notice thereof (§ 21-114)—Virginia Decoded

Hearing and notice thereof

Upon the filing of the petition the court shall fix a day for a hearing on the question of the proposed sanitary district which hearing shall embrace a consideration of whether the property embraced in the proposed district will or will not be benefited by the establishment thereof; all interested persons, who reside in or who own real property in (i) a proposed district or (ii) an existing district in cases of enlargement, shall have the right to appear and show cause why the property under consideration should or should not be included in the proposed district or enlargement of same at such hearing; notice of such hearing shall be given by publication once a week for three consecutive weeks in some newspaper of general circulation within the county to be designated by the court or the judge thereof in vacation. At least ten days shall intervene between the completion of the publication and the date set for the hearing, and such publication shall be considered complete on the twenty-first day after the first publication and no such district shall be created until the notice has been given and the hearing had.

History

1930, p. 1002; 1940, p. 173; Michie Code 1942, § 1560n; 1985, c. 104.

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Court Decisions

Arthur Wrightson v. Pizza Hut of America, Inc. (Court of Appeals for the Fourth Circuit, 11/15/96)
. . . Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 370, 126 L.Ed.2d 295 (1993) ("The . . .

. . . Linda Austin v. Owens-Brockway Glass Container, . . . (Court of Appeals for the Fourth Circuit, 03/12/96)
. . . Livadas v. Bradshaw, --- U.S. ----, ---- n. 21, 114 S.Ct. 2068, 2080 n. 21, 129 L.Ed.2d 93 . . .

Holden v. Holden (COA, 11/16/99)
. . . April 13, 1992, the parties withdrew approximately $21,114 from this joint checking account to buy . . .

. . . 78 Fair empl.prac.cas. (Bna) 503, 74 Empl. Prac. Dec. P . . . (Court of Appeals for the Fourth Circuit, 10/28/98)
. . . ; Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). "A . . .

. . . Melissa Jennings, and Debbie Keller v. University of North . . . (Court of Appeals for the Fourth Circuit, 04/09/07)
. . . ); Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993); Ocheltree, . . .

EEOC v. Sunbelt Rentals, Inc. (Court of Appeals for the Fourth Circuit, 03/31/08)
. . . Harris v. Forklift Systems, Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993), the EEOC . . .

Pueschel v. Peters (Court of Appeals for the Fourth Circuit, 08/18/09)
. . . standard. Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993). . . .

Stephanie Howard v. Donald C. Winter, Secretary of the Navy (Court of Appeals for the Fourth Circuit, 05/04/06)
. . . quot; Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) . . .

. . . Lisa L. Ocheltree v. Scollon Productions, Incorporated, . . . (Court of Appeals for the Fourth Circuit, 07/18/03)
. . . quot; Harris v. Forklift Sys., Inc., 510 U.S. 17, 21, 114 S.Ct. 367, 126 L.Ed.2d 295 (1993) . . .

. . . Tortica Anderson v. G.D.C., Incorporated, D/B/A Unlimited . . . (Court of Appeals for the Fourth Circuit, 02/25/02)
. . . at G.D.C. to be hostile or abusive. See id. at 21, 114 S.Ct. 367. . . .

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Amendment Attempts

SB1151: Local government; standardization of public notice requirement for certain intended actions, report. (passed)

HB1488: Local government; standardization of public notice requirements for certain meetings, hearings, etc. (passed)

HB443: Local government; standardization of public notice requirements for certain meetings, hearings, etc. (failed)