Baldwin Cty. Bd. v. Baldwin Cty. Elec., Etc.

Defendant, Baldwin County Board of Health (Board of Health), appeals from a judgment for plaintiff, Baldwin County Electric Membership Corporation (Co-op), in a declaratory judgment action, holding, that Sections 4 (b) 1, 2, and 3 and Sections 5 (a) and (b) of the Board of Health regulations (adopted on April 7, 1974) requiring an applicant for utility service to obtain a certificate of site approval from the Board of Health prior to the installation of utility service, are an unconstitutional exercise of the law making power and impose an unreasonable restriction upon the operation of a…