ATCHISON, TOPEKA & SANTA FE RY. v. P.U.C.

No. 87SA102.

763 P.2d 1037 (1988)

The ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY, Petitioner-Appellant, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO, the City and County of Denver, the Denver & Rio Grande Western Railroad Company, the Burlington Northern Railroad Company, the City of Arvada, the City of Colorado Springs, State Department of Highways—State of Colorado, the Union Pacific Railroad and the City of Westminster, Respondents-Appellees.

Supreme Court of Colorado, En Banc.

Rehearing Denied November 28, 1988.


Attorney(s) appearing for the Case

Grant, McHendrie, Haines & Crouse, Peter J. Crouse, Denver, for petitioner-appellant.

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., Eugene C. Cavaliere, Deputy Atty. Gen., Denver, for respondent-appellee Public Utilities Com'n.

Stephen H. Kaplan, City Atty., John L. Stoffel, Jr. Asst. City Atty. Denver, for respondent-appellee City and County of Denver.


VOLLACK, Justice.

The Atchison, Topeka and Santa Fe Railway Company (Santa Fe) appeals the order of the Denver District Court affirming the decision of the Public Utilities Commission (Commission) to impose upon Santa Fe a fee of $572,000 as its share of the cost of rebuilding the 8th Avenue viaduct (viaduct). Santa Fe argues that the Commission failed to comply with the statutory requirements of section 40-4-106(3)(c), 17 C.R.S. (1984), and based its decision to...

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