Appalachian Power Co. v. County Court of Mercer County

CalhouN, Judge:

This case involves a declaratory judgment proceeding instituted in the Circuit Court of Mercer County by Appalachian Power Company, a Virginia corporation, suing in its own behalf and in behalf of all other taxpayers of that county who are similarly situated, against the County Court of Mercer County, a corporation, and the several commissioners thereof, Frank Gibson, Fred Thomason, and Clarence C. Elmore. The parties will be referred to herein as “petitioner” and “respondents” in accordance with their designation in the trial court.

The purpose of the proceeding is to determine…