Opinion
42525 Record Nos. 7505 and 7506.
June 14, 1971
Present, Snead, C.J., I'Anson, Carrico, Gordon and Harman, JJ.
Pleading and Practice — Continuance — Moot Point.
Since decision reached by Corporation Commission on merits had no effect, refusal to grant continuance to member of General Assembly was of no moment.
Appeal from an order of the State Corporation Commission.
Vacated and remanded.
Duane L. Searles (William J. Hassan, Commonwealth's Attorney for Arlington County; R. O. Graham Guthrie, Assistant Commonwealth's Attorney for Arlington County, on brief), for appellant in Record No. 7505.
Joseph E. Blackburn (William B. Barfield [D.C.]; Howard C. Anderson [D.C.]; Robert A. Levetown [D.C.], on brief), for appellee in Record No. 7505.
Henry E. Howell, Jr. (Stanley E. Sacks, on brief), for appellant in Record No. 7506.
Joseph E. Blackburn (William B. Barfield [D.C.]; Howard C. Anderson [D.C.]; Robert A. Levetown [D.C.], on brief), for appellees in Record No. 7506.
Appellants Board of Supervisors of Arlington County and Henry E. Howell, Jr. attack the December 22, 1969 decision of the State Corporation Commission for substantially the same reasons advanced by the appellant in Board of Supervisors of Fairfax County v. Chesapeake and Potomac Telephone Company of Virginia (Record No. 7504). Our decision in that case, p. 57 supra, controls this appeal.
Appellant Henry E. Howell, Jr., a member of the General Assembly of Virginia, also appeals from the refusal of the Commission to continue the hearing held on December 22, 1969. Senator Howell invoked the provisions of Code Sec. 30-5, entitling a member of the General Assembly to a continuance under certain conditions, but the Commission held that section inapplicable. Since the decision reached by the Commission had no effect, Board of Supervisors of Fairfax County v. Chesapeake and Potomac Telephone Company of Virginia, p. 57 supra, the refusal of the Commission to continue the hearing was of no moment.
Vacated and remanded.