Virginia Circuit Court February 7, 2002, Case No. CH00-760 (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.