CITY OF GREELEY v. POUDRE VALLEY R. ELEC.

No. 85SA293.

744 P.2d 739 (1987)

The CITY OF GREELEY, a municipal corporation, and Home Light and Power Company, a Colorado corporation, Plaintiffs-Appellants, v. POUDRE VALLEY RURAL ELECTRIC ASSOCIATION, INC., Defendant-Appellee.

Supreme Court of Colorado, En Banc.

Rehearing Denied October 5, 1987.


Attorney(s) appearing for the Case

Law Department City of Greeley, Don K. DeFord, Glenwood Springs, Edward "Jed" M. Caswall, John P. DiFalco, Greeley, for plaintiff-appellant The City of Greeley.

Kelly, Stansfield & O'Donnell, James R. McCotter, James K. Tarpey, Denver, for plaintiff-appellant Home Light and Power Co.

Holmes & Starr, P.C., Kenneth L. Starr, Ann Livedalen, Randolph W. Starr, Denver, for defendant-appellee Poudre Valley Rural Elec. Ass'n, Inc.

John J. Conway, Denver, for amicus curiae Colorado Rural Elec. Ass'n, Inc.

Gerald E. Dahl, Tami A. Tanoue, Denver, for amicus curiae Colorado Mun. League.

Gorsuch, Kirgis, Campbell, Walker and Grover, Paula M. Connelly, Joseph B. Wilson, Denver, for amicus curiae Colorado Assoc. of Mun. Utilities.


ERICKSON, Justice.

The City of Greeley (City) and the Home Light and Power Company (Home Light), plaintiffs below, appeal from an adverse judgment of the Weld County District Court.1 The trial court held that provisions of the City Charter and City Code, which require public utilities to obtain a franchise to use city streets, were unenforceable against the defendant, Poudre Valley Rural Electric Association (REA). REA claimed, and the...

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