15.2-3308 - Partial immunity proceedings final for five years; exceptions. - Virginia Statutes

§ 15.2-3308. Partial immunity proceedings final for five years; exceptions.

No county, having instituted proceedings for immunity for part or parts ofthe county, shall again seek immunity for substantially the same part orparts of the county within the next five years.

Such prohibition shall begin with the date of the final order of the courtgranting or denying immunity or, in the case of an appeal to the SupremeCourt, with the date of the final order of the Supreme Court. The provisionsof this section shall not apply to a petition for partial immunity if theprevious petition was withdrawn, or was dismissed for any reason other thanthe merits of the case.

The provisions of this section further shall not apply to a county whichinstitutes an immunity proceeding by filing notice with the Commission onLocal Government but subsequently fails to petition the court to grant suchimmunity. In that event, however, the county shall not again instituteproceedings for immunity for substantially the same part or parts of thecounty for at least two years after the date the Commission renders its finalreport on the initial proceeding.

(1985, c. 478, § 15.1-977.25; 1997, c. 587.)