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CHAFFINCH v. CHESAPEAKE & POTOMAC TEL. CO.

No. 811630.

313 S.E.2d 376 (1984)

Lawrence E. CHAFFINCH v. The CHESAPEAKE & POTOMAC TELEPHONE COMPANY OF VIRGINIA, INCORPORATED.

Supreme Court of Virginia.

March 9, 1984.

Attorney(s) appearing for the Case

Fielding L. Logan, Jr., Roanoke, for appellant.

Michael A. Cleary, Roanoke (James F. Johnson; Woods, Rogers, Muse, Walker & Thornton, Roanoke, on brief), for appellee.

Before CARRICO, C.J., and COCHRAN, POFF, COMPTON, STEPHENSON, RUSSELL and THOMAS, JJ.

POFF, Justice.

The question framed on this appeal is whether a declaratory judgment proceeding is the exclusive remedy available to a landowner whose property has been damaged by a public service company vested with the power of eminent domain.

Lawrence E. Chaffinch, a homeowner, filed a motion for judgment sounding in tort and claiming compensatory and punitive damages against the Chesapeake & Potomac Telephone Company of Virginia, Incorporated (C &...

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