ELDRIDGE CITY UTILITIES v. IOWA STATE COMMERCE

No. 64553.

303 N.W.2d 167 (1981)

ELDRIDGE CITY UTILITIES, Cross-Appellant, v. IOWA STATE COMMERCE COMMISSION, Appellant, Iowa-Illinois Gas & Electric Company, Cross-Appellant.

Supreme Court of Iowa.

March 18, 1981.


Attorney(s) appearing for the Case

Patricia Rhodes Cepican, of McDonald, Stonebraker & Cepican, Davenport, for Eldridge City Utilities.

David R. Conn, Asst. Commerce Counsel, Des Moines, for Iowa State Commerce Commission.

Edward J. Hartman and Robert J. Haack, Davenport, for Iowa-Illinois Gas and Elec. Co.

Considered by HARRIS, P. J., and ALLBEE, McGIVERIN, LARSON and SCHULTZ, JJ.


HARRIS, Justice.

The question is whether a statutory provision for transfer of utility property continued after the statute was repealed. The district court, overturning a determination by the commerce commission, held the provision did continue. We disagree and reinstate the decision of the commission.

Often a city annexes territory in which utilities previously had been provided by a utility company not franchised by the city. Conflicts are apt to occur...

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