Lee County v. Town of St. Charles, 264 Va. 344

Summary

The Supreme Court of Virginia held that Code § 15.2-5113(A) does not require every member of a water and sewer authority board to reside within the authority's service area. The court reversed the trial court's judgment disqualifying Nell Stewart after she moved outside the service area and entered final judgment that she was entitled to remain in office for the duration of her term.

Holdings

1. Code § 15.2-5113(A) does not require every board member of a water and sewer authority to reside within the authority's service area. The statute's only residency-related restriction is that at least one member from each participating locality be included among the appointees.
2. Nell Stewart was not disqualified from serving on the board based on her residence outside the authority's service area and was entitled to remain in office for the duration of her term.
3. The 1997 order did not implicitly impose a residency requirement for the jointly appointed board member.

Questions Presented

1. Whether Code § 15.2-5113(A) requires every member of a water and sewer authority board to reside within the authority's service area.
2. Whether Nell Stewart was disqualified from serving on the board because she moved outside the authority's service area.
3. Whether the prior order requiring joint appointment of one board member implicitly imposed a residency requirement.

Disposition

reversed