Leesburg v. Loudoun Co. Sch. Bd.

2 Citing cases

  1. Commonwealth v. Hines

    221 Va. 626 (Va. 1980)   Cited 4 times

    In a case post-dating R. F. P. Co., we have entertained a special laws challenge raised by a legislatively-created body. Leesburg v. Loudoun Co. Sch. Bd., 181 Va. 279, 24 S.E.2d 439 (1943). Furthermore, as noted by the Court in that case, a city is a political subdivision of the State.

  2. Dean v. Paolicelli

    194 Va. 219 (Va. 1952)   Cited 23 times
    In Dean v. Paolicelli, 194 Va. 219, 227, 72 S.E.2d 506, Mr. Justice Miller said: "The passage of an act by the legislature is a solemn declaration and affirmance by that branch of government of its constitutional power to enact the legislation, and its unconstitutionality must plainly appear before a court can declare it void. Roanoke v. Elliott, 123 Va. 393, 96 S.E. 819; Pine v. Commonwealth, 121 Va. 812, 93 S.E. 652. Every reasonable presumption must be indulged and accorded it in favor of its legality.

    They insist that subsection 11, as amended by Acts of 1950, is constitutional and allows Dean to hold his office while serving as a Federal employee. It is asserted that section 2-27 is special legislation of the character not prohibited by the Constitution, ( Leesburg v. Loudoun County School Board, 181 Va. 279, 24 S.E.2d 439), and thus the supplemental or amending legislation provided in subsection 11 of section 2-29 does not violate the constitution. However, if subsection 11 be held unconstitutional, then, in that event, defendants insist that section 2-27 is unconstitutional because it violates section 32, Article II, Constitution of Virginia.