Potomac Edison Co. v. Jefferson County Planning & 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 powers.

The utility company in this case petitioned the circuit court for a declaratory judgment and a writ of mandamus to compel a…