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PUBLIC UTILITY DIST. NO. 1 OF PEND OREILLE CTY. v. CITY OF SEATTLE

No. 20196.

382 F.2d 666 (1967)

PUBLIC UTILITY DISTRICT NO. 1 OF PEND OREILLE COUNTY, Appellant, v. CITY OF SEATTLE, Appellee. CITY OF SEATTLE, Appellant, v. PUBLIC UTILITY DISTRICT NO. 1 OF PEND OREILLE COUNTY, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 25, 1967.

Attorney(s) appearing for the Case

Clarence C. Dill, Ennis & Klobucher, William Ennis, Spokane, Wash., for appellant-appellee, Public Utility District.

Alfred L. Newbould, A. C. Van Soelen, Corp. Counsel, G. Grant Wilcox, Asst. Corp. Counsel, Richard S. White, William A. Helsell, Sp. Counsel, Seattle, Wash., for appellee-appellant, City of Seattle.

Before HAMLEY and MERRILL, Circuit Judges, and BYRNE, District Judge.

MERRILL, Circuit Judge.

Seattle brought this action to condemn properties owned by appellant Public Utility District (PUD) pursuant to the Federal Power Act, 16 U.S.C. § 814 (1964).

The question presented is whether the holder of a Federal Power Commission license to construct a hydroelectric project upon a navigable stream must compensate the owner of shorelands and, for power site values, the owner of adjoining uplands, needed for the project.

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