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MOUNTAIN VIEW ELEC. ASS'N v. PUBLIC UT. COM'N

Nos. 82SA445, 82SA556.

686 P.2d 1336 (1984)

MOUNTAIN VIEW ELECTRIC ASSOCIATION, INC., a Colorado corporation, Petitioner-Appellee, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Respondent-Appellant, and Carl H. Susemihl, Ellicott Flying Service, Inc., and Inezbelle Williams, Respondents-Appellees. MOUNTAIN VIEW ELECTRIC ASSOCIATION, INC., a Colorado corporation, Petitioner-Appellee, v. The PUBLIC UTILITIES COMMISSION of the State of Colorado, Respondent-Appellee, and Carl H. Susemihl, Ellicott Flying Service, Inc., and Inezbelle Williams, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

Rehearing Denied September 10, 1984.

Attorney(s) appearing for the Case

Robert T. James, Colorado Springs, for Mountain View Elec. Ass'n

Duane Woodard, Atty. Gen., Charles B. Howe, Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eugene C. Cavaliere, First Asst. Atty. Gen., Denver, for Public Utilities Comm'n

Grant E. Miller, Woodland Park, for Carl H. Susemihl, Ellicott Flying Service, Inc., and Inezbelle Williams.

John S. Yodice and Ronald D. Golden, Bethesda, Md., for amicus curiae Aircraft Owners & Pilots Assoc.

DUBOFSKY, Justice.

This is an appeal from a Lincoln County District Court judgment which set aside an order of the Public Utilities Commission (PUC) as beyond the PUC's authority. The PUC had ordered Mountain View Electric Association, Inc. (Mountain View) to relocate or bury an electric transmission line because it posed a safety threat to a nearby airport. We reverse the district court's decision and remand with directions to reinstate the PUC's order.

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