United States Supreme Court Cases & Opinions

U.S. Supreme Court

Dusch v. Davis, 387 U.S. 112 (1967)

Dusch v. Davis

No. 724

Argued April 17-18, 1967

Decided May 22, 1967

387 U.S. 112

Syllabus

Appellees brought this suit against local and state officials seeking to enjoin as invidiously discriminatory a local government plan embodied in state law under which the City of Virginia Beach, Virginia, was consolidated with Princess Anne County to form seven boroughs, which vary considerably in population. Under the Seven-Four Plan of the amended charter involved herein, the new city council consists of 11 members, each of whom is elected at large. Four are elected without regard to residence; each of the seven others must reside in a different borough. A three-judge court previously convened, holding that it had no jurisdiction, transferred the case to the District Court. That court's approval of the plan was reversed by the Court of Appeals.

Held:

1. Since the charter is local, and not statewide, this case is not one for a three-judge court. Moody v. Flowers, ante, p. 387 U. S. 97, followed. P. 387 U. S. 114.

2. An otherwise nondiscriminatory plan is not invalid because it uses boroughs "merely as the basis of residence for candidates, not for voting or representation" (Fortson v. Dorsey, 379 U.S. at 379 U. S. 438), since each councilman represents the city as a whole, and not just the borough where he resides. Pp. 387 U. S. 114-117.

361 F.2d 495, reversed.

Page 387 U. S. 113