Handley v. Cook

Neely, Justice:

This action in prohibition challenges an order granting Appalachian Power Company a right of entry over relators’ lands for construction of a high voltage power line to serve a single coal mining operation. We issued a rule to show cause limited to two questions: whether an order granting a right of entry for construction of a power line is appealable notwithstanding the fact that construction has not begun nor compensation been determined; and, whether supplying electricity to a single mining operation is a public use contemplated by W. Va. Const. Art. 3, § 9 and W.Va. Code,…