Canyon Public Service District v. Tasa Coal Company

Sprouse, Judge:

In this eminent domain proceeding instituted in the Circuit Court of Monongalia County by Canyon Public Service District, as the plaintiff, against Tasa Coal Company, as the defendant, the defendant seeks an appeal from an order of the circuit court entered on the 11th day of November, 1971, overruling its demurrer and plea in abatement and holding that the plaintiff public service district had the right to condemn the defendant’s lands for use in connection with sewer facilities.

The plaintiff Canyon Public Service District is a public corporation, purporting to have been…