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POTOMAC EDISON v. PLANNING & ZONING COM'N

No. 24994.

512 S.E.2d 576 (1998)

204 W.Va. 319

The POTOMAC EDISON COMPANY, Petitioner below, Appellee, v. The JEFFERSON COUNTY PLANNING AND ZONING COMMISSION, Paul Raco, Richard H. Flaherty, Paul W. Griger, Lyle Campbell Tabb, III, Scott Coyle, Samuel J. Donley, Jr., Rosella Kern, Peter H. Morgens, Ernest Benner, Al Hooper, Dean Hockensmith, and Arnold Daily, Respondents below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 11, 1998.

Attorney(s) appearing for the Case

Susan R. Snowden, Esq., Clarence E. Martin, III, Esq., Joseph L. Caltrider, Esq., Martin & Seibert, L.C., Martinsburg, West Virginia, Attorneys for the Appellee.

Michael D. Thompson, Esq., Prosecuting Attorney, J. Michael Cassell, Esq., Assistant Prosecuting Attorney, Charles Town, West Virginia, Attorneys for the Appellant, The Jefferson County Planning and Zoning Commission.

STARCHER, Justice:

In this case of first impression we are asked to address a conflict between the exercise of the State's police power by a county planning commission through zoning and planning regulations, and the exercise of the statutory power of condemnation by a utility company. The utility company asserts that it is exempt from such land use regulations on property that a circuit court has allowed the utility to take pursuant to its statutory condemnation...

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