Grayson Rural Electric Corp. v. City of Vanceburg

WINTERSHEIMER,

Justice, dissenting.

I must respectfully dissent from the majority opinion because the Vaneeburg Electric Plant Board has the exclusive right to serve its existing customers in the contested area as well as the absolute right to serve new customers in the area. I would affirm the Court of Appeals and the circuit court in their decisions.

KRS 96.520 and City of Corbin v. Kentucky Utilities Company, Ky., 447 S.W.2d 356 (1969), support the proper legal conclusion that the Vaneeburg Electric Plant Board has the authority to supply power to the disputed area. The statute provides in…