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It would be difficult for them, politically, to tell Rappahannock County residents that they must pay on the order of $23,000 in 1984 for the limited amount of work the position of Commonwealth’s Attorney would probably require. As I understand it, and I have researched it, you (Luke) spend a few hours on your Tuesday afternoons at the courthouse in this order.
So they left an escape clause in the law, which gave local government a tiny budgetary foothold with which to exercise their best judgment for the Taxpayer. We either let the law stand that the Commonwealth’s Attorney shall serve also as the County Attorney, or we budget and levy additional tax dollars. So to answer the first question in your letter, the precedent arose as a matter of law, through the enabling legislation.
You (Luke) are correct in your statement that a number of complex legal issues have confronted the county. I have learned about industrial revenue bond financing, zoning, water and sewer, public procurement, solid waste management, condemnation, dog pounds, handicapped regulations and sludge disposal. I, in fact, was the one who at my first meeting a year ago, brought up the yet unresolved matter that the Supervisors don’t even have their own enabling legislation in hand.
In all of the above, I failed to notice an aggressive County Attorney out there really bird-doggin’ it for the Supervisors, although I would not call it inadequate. You (Luke) have looked up the Code and explained to us the law as you interpret it, but I believe that very little has gone before a jury in actual litigation. Although two cases are pending, I believe that both have, or are taking care of themselves. I agree wholeheartedly that the landfill is a question, but I assure you (Luke) that
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