WALTON ELECTRIC MEMBERSHIP CORPORATION v. GEORGIA POWER COMPANY (2025)

Court of Appeals of Georgia.

WALTON ELECTRIC MEMBERSHIP CORPORATION et al. v. GEORGIA POWER COMPANY.

A23A0746

Decided: March 21, 2025

David Reid Cook Jr., Curtis James Romig, Nicholas Anthony Bedo, Christopher Michael Carr, Daniel Stephen Walsh, Atlanta, for Appellant. Thomas Edward Reilly, Atlanta, Robert Pursley Edwards Jr., William Alexander Smith, for Appellee.

In Walton Elec. Membership Corp. v. Ga. Power Co., 369 Ga. App. 461, (893 S.E.2d 852) (2023), this Court affirmed the trial court's decision reversing the decision of the Public Service Commission in this dispute over the provision of electrical services. In Walton Elec. Membership Corp. v. Ga. Power Co., Case Nos. S24G0314, ––– Ga. ––––, 911 S.E.2d 559 (Decided Jan. 28, 2025), the Supreme Court of Georgia reversed the judgment of this Court and concluded that the Commission acted within its discretion in determining that the factory at issue here was “destroyed or dismantled” and was not “reconstructed ․ in substantial kind” as contemplated by OCGA § 46-3-8 (b). We therefore vacate our prior opinion, adopt the Supreme Court's opinion as our own, and reverse the trial court's order reversing the Commission's decision.

Judgment reversed.

Davis, Judge.

Mercier, C. J., and Hodges, J., concur.

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