Title 15.2. Counties, Cities and Towns
Chapter 33. Immunity of Counties or Parts of Counties from City-Initiated Annexation and City Incorporation
§ 15.2-3308. Partial immunity proceedings final for five years; exceptions.
No county, having instituted proceedings for immunity for part or parts of the county, shall again seek immunity for substantially the same part or parts of the county within the next five years.
Such prohibition shall begin with the date of the final order of the court granting or denying immunity or, in the case of an appeal to the Court of Appeals, with the date of the final order of the Court of Appeals or, in the case of an appeal to the Supreme Court, with the date of the final order issued by the Supreme Court. The provisions of this section shall not apply to a petition for partial immunity if the previous petition was withdrawn, or was dismissed for any reason other than the merits of the case.
The provisions of this section further shall not apply to a county which institutes an immunity proceeding by filing notice with the Commission on Local Government but subsequently fails to petition the court to grant such immunity. In that event, however, the county shall not again institute proceedings for immunity for substantially the same part or parts of the county for at least two years after the date the Commission renders its final report on the initial proceeding.
1985, c. 478, § 15.1-977.25; 1997, c. 587; 2021, Sp. Sess. I, c. 489.
