N. W. PUB. SERV. v. CITIES OF CHAMBERLAIN, ETC.

No. 11909.

265 N.W.2d 867 (1978)

NORTHWESTERN PUBLIC SERVICE COMPANY, a corporation, Plaintiff and Appellant, v. CITIES OF CHAMBERLAIN, HURON, MITCHELL, REDFIELD, WEBSTER, AND YANKTON, South Dakota, and South Dakota Electric Consumers, Defendants and Respondents.

Supreme Court of South Dakota.

May 3, 1978.


Attorney(s) appearing for the Case

James E. Doyle, of Doyle & Bierle, Yankton, John B. Wehde, of Benson, Beach, Wehde & Martin, Huron, Everett E. Hoyt, Merle D. Lewis, Huron, for plaintiff and appellant.

James T. Goetz, Robert W. Hirsch, of Goetz, Hirsch & Haar, Yankton, Reuben Goldberg, Arnold Fieldman, of Goldberg, Fieldman & Hjelmfelt, Washington, D. C., for defendants and respondents.


WOLLMAN, Justice.

Appellant, Northwestern Public Service Company, (the company) is an investor-owned electric and gas public utility company that in 1973 provided electric service to some 108 communities and 1,700 farms in eastern South Dakota. Although prior to July 1, 1975, authority to regulate such utilities was vested in municipalities by SDCL 9-35-1, until autumn of 1973 none of the communities served by the company had ever exercised such authority.

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