1962

Richmond v. S. Ry. Co.

Supreme Court of Virginia

203 Va. 220, 123 S.E.2d 641

Southern filed declaratory judgment action before the State Corporation Commission, which action sought to deny the City of Richmond from condemning railroad property for a park and to declare a City zoning ordinance invalid. City moved to dismiss asserting SCC had no jurisdiction, and that the City did not have to obtain SCC permission before condemning land of a public service corporation. SCC overruled City’s motion. Supreme Court affirmed in part, reversed in part and remanded. Court held that only the SCC can resolve the public necessity issue, that the SCC had jurisdiction over City in the regulation and condemnation of public service corporations, and that City had to comply with condemnation statutes. However, as there was no constitutional or statutory authority given the SCC, the validity of a zoning regulation as applied to a public service corporation was left to courts of general jurisdiction.

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