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CITY OF HAYDEN v. WASHINGTON WATER POWER

No. 14847.

700 P.2d 89 (1985)

108 Idaho 467

CITY OF HAYDEN, Plaintiff-Appellant, v. WASHINGTON WATER POWER CO., Defendant-Respondent.

Court of Appeals of Idaho.

April 22, 1985.

Attorney(s) appearing for the Case

Michael J. Vrable, Coeur d'Alene, for plaintiff-appellant.

Charles W. Hosack, Smith, Hosack & Potter, Coeur d'Alene, David J. Meyer (argued), Spokane, Wash., for defendant-respondent.

PER CURIAM.

This case presents a dispute between the City of Hayden and Washington Water Power Co. (WWP) over the enforceability of ordinances imposing fees upon existing franchises. The district court held the fees invalid. We affirm.

In 1966 the city enacted an ordinance granting WWP the right to establish and maintain a natural gas distribution system upon public property and rights of way. In 1980 the city enacted a similar ordinance authorizing WWP to...

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