A Franklin County judge ruled in favor of Appalachian Power Co. Friday in a dock-building dispute pitting landowners’ property rights against the utility company’s regulatory power over the Smith Mountain Lake shoreline.

The decision was a setback in an ongoing court battle that has been watched closely by many shoreline property owners. Nearly 100 residents were in the Franklin County courtroom to hear Circuit Judge James Reynolds’ decision.

The dispute began in 2014 when Bill and Lora Nissen began construction of a dock on their property in the Windmere neighborhood without obtaining a permit from Appalachian Power, which operates a federally licensed hydroelectric project from dams at Smith Mountain and Leesville lakes. Shortly after work began, Appalachian Power filed an injunction to halt the construction.

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