Virginia Electic & Power Co. v. Tillett

EAGLES, Judge.

Respondents assign error to the entry of summary judgment for petitioners and state their first argument as follows: “Was the trial court precluded from ruling ‘as a matter of law’ that respondents had no interest in the locus in quo when petitioner had judicially admitted that respondents owned an undivided interest in the locus?"

This argument is based on the fact that VEPCO on several different occasions admitted that respondents owned some portion of the 9.565 acre tract of land over which VEPCO was seeking an easement by condemnation for the purpose of constructing its power…