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By HARRISON O’CONNOR
JUDGE Raymond V. Snead ruled Wednesday in favor of Virginia Electric & Power Company, whose attorneys, E. Montgomery Tucker and Thomas Monahan, asked for a temporary restraining order that would permit Vepco surveyors to go on the property of Witold Kuncewicz.
Snead acknowledged that counsel for Kuncewicz, Edward Berlin, had argued reasonably. Berlin held that in a county’s comprehensive ability to undertake planning, procedures whereby a power company initiates plans for a powerline should logically begin with a special use permit — first presenting the probable route of the corridor to the legislative body — not beginning the procedures with a preliminary survey that damaged property, when that route might not be utilized, or even rejected by the county.
However, Judge Snead also saw himself as bound by a Virginia statute that permits preliminary survey, and since Berlin argued that “orderly procedure would dictate. . not providing the court with cases to substantiate his argument, Snead was not going to deliver a precedent-setting decision.
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