MATTER OF CERTAIN TERRITORIAL ELEC. BOUNDARIES, ETC.

Nos. 12327, 12328.

281 N.W.2d 72 (1979)

In the Matter of Establishing CERTAIN TERRITORIAL ELECTRIC BOUNDARIES Within the State of South Dakota (ABERDEEN CITY VICINITY) (F-3111). NORTHERN ELECTRIC COOPERATIVE, INC., & Brown County, South Dakota, Appellants, v. NORTHWESTERN PUBLIC SERVICE COMPANY, Respondent.

Supreme Court of South Dakota.

Decided June 21, 1979.


Attorney(s) appearing for the Case

C. W. Hyde, Aberdeen, for appellant Northern Elec. Cooperative, Inc. (# 12327).

Michael T. Hogan, of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, for appellant Brown County (# 12328); Dennis Maloney, of Maloney, Kolker, Fritz, Hogan & Johnson, Aberdeen, on the brief.

M. D. Lewis, Huron, Ray M. Schutz, of Siegel, Barnett, Schutz, O'Keefe, Jewett & King, Aberdeen, for respondent Northwestern Public Service Co.; Alan D. Dietrich, Huron, on the brief.

Judith K. Meierhenry, of Meierhenry, DeVany, Kruger & Meierhenry, Vermillion, for respondent Public Utilities Commission; Ben Stead, Asst. Atty. Gen., Pierre, on the brief.


FOSHEIM, Justice.

This case involves the assignment of approximately a fifty-square-mile territory in the Aberdeen vicinity for electric service pursuant to the provisions of SDCL 49-34A.

The Public Utilities Commission (PUC) assigned most of the area to Northern Electric Cooperative, Inc. (NEC). Northwestern Public Service Company (NWPS) appealed that determination to the circuit court. The trial court reversed and directed the PUC to assign the disputed...

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