Burak v. Appalachian Power Co.

By Judge Diane McQ. Strickland

The Petitioners filed suit against Appalachian Power Company (“APCO”) for violation ofthe terms of an easement across their property. The Court relies upon the transactional history of the case set forth in the parties’ memoranda and recites only die facts necessary to the ruling.

Franklin Real Estate Corporation1 (“Franklin”) purchased several tracts of land on behalf of APCO for the purpose of building a power substation on a portion of the property. The land was subdivided into four lots, of which only Lots 2 and 3 are involved in this suit. On February 12,…