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TOWN OF BLACKSTONE v. SOUTHSIDE ELEC.

Record No. 980564.

506 S.E.2d 773 (1998)

TOWN OF BLACKSTONE v. SOUTHSIDE ELECTRIC COOPERATIVE, et al.

Supreme Court of Virginia.

November 6, 1998.

Attorney(s) appearing for the Case

Carter Glass, IV (Kodwo Ghartey-Tagoe; Mays & Valentine, on briefs), Richmond, for appellant.

Nathan H. Miller, Harrisonburg (John M. Boswell, Crewe; Miller, Ralston & Earle, Harrisonburg; Boswell & Williamson, Crewe, on brief), for appellee Southside Electric Cooperative.

C. Meade Browder, Jr. (Stewart E. Farrar; James C. Dimitri; William H. Chambliss; Sherry H. Bridewell, on brief), Richmond, for appellee State Corporation Commission.

Amicus Curiae: Municipal Electric Power Association of Virginia (Gregory J. Haley; Gentry, Locke, Rakes & Moore, Roanoke, on brief), in support of appellant.

Present: All the Justices.

KOONTZ, Justice.

In this appeal, the primary issue we consider is whether a municipality seeking to acquire, by condemnation, electric utility distribution facilities within an annexed area under Code § 56-265.4:2 must first obtain the approval of the State Corporation Commission (Commission) under Code § 25-233.

BACKGROUND

The Town of Blackstone (the Town) is a municipality in Nottoway County that owns and operates an electric utility...

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