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CITIZENS UTILITIES COMPANY v. CITY OF ROCKY FORD

No. 17649.

289 P.2d 165 (1955)

CITIZENS UTILITIES COMPANY, a corporation, and R. M. Jackson, Plaintiffs in Error, v. CITY OF ROCKY FORD, a municipal corporation; Robert Appleman, as Mayor; George Forbes, as City Clerk; and C. R. Schuth, Kenneth V. Bolton, Arthur G. Johnson, Carl M. Ustick, Jr., Daisy Whittaker and Howard W. Grimsley, constituting the City Council of said City, Defendants in Error.

Supreme Court of Colorado, En Banc.

October 24, 1955.

Attorney(s) appearing for the Case

Lee, Bryans, Kelly & Stansfield, Bryant O'Donnell, Denver, Thulemeyer & Stewart, La Junta, Perry E. Williams, Rocky Ford, for plaintiffs in error.

Elizabeth L. Guyton, Rocky Ford, Myles P. Tallmadge, Robert C. Tallmadge, Denver, for defendants in error.

Before ALTER, C. J., and MOORE, HOLLAND, CLARK, LINDSLEY, BRADFIELD and KNAUSS, JJ.

HOLLAND, Justice.

Plaintiff in error Citizens Utilities Company is a corporation authorized and qualified as a foreign corporation to do business in the State of Colorado. It is engaged in the business of distributing natural gas in the State of Colorado, and particularly in the city of Rocky Ford, which is a city of the second class and not a home rule city.

For some time prior to September 8, 1954, defendants in error had entertained the idea of promoting...

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