Rutherford Electric Membership Corp. v. 130 of Chatham, LLC

HUNTER, JR., Robert N., Judge.

Petitioner Rutherford Electric Membership Corporation (“Rutherford Electric”) appeals from an order dismissing their petition to condemn easements for a power line across Respondent 130 of Chatham LLC’s (“Chatham”) tract of land (“Box Creek Wilderness”) that spans across Rutherford and McDowell Counties After careful review, we reverse the trial court’s order.

I. Facts & Procedural History

Rutherford Electric filed a special proceeding petition with the Rutherford County Superior Court on 24 January 2013 and filed an amended petition on 15 February 2013. Both…