James K. Sexton and Barbara Sexton v. Public Service Commission and Southern Jackson County Public Service District, a public utility, No. 21147 (W. Va. November 13, 1992) (Miller, J.): 188 W.Va. 305, 423 S.E.2d 914:
Rejecting an attempt by homeowners to block Public Service Commission certification of a sewage treatment facility, the Court held that (1) under W. Va. Code § 16-13A-25, a public service district must first obtain a certificate of public convenience and necessity before it can acquire or construct a project; (2) the Public Service Commission has no duty to review and decide issues inherent in collateral eminent domain proceedings; and (3) in addition to statutory guidelines, the Public Service Commission should consider, in certification of a public service district project, the general public convenience to be served by the project, the public necessity for the project, and the adequacy of existing facilities serving the same functions as will be served by the project.