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HOMER ELEC. ASS'N, INC. v. CITY OF KENAI

No. S-3508.

816 P.2d 182 (1991)

HOMER ELECTRIC ASSOCIATION, INC., Appellant, v. CITY OF KENAI, State of Alaska Public Utilities Commission, and Matanuska Telephone Association, Inc., and Chugach Electric Association, and Fairbanks North Star Borough (amici curiae), Appellees.

Supreme Court of Alaska.

August 16, 1991.

Attorney(s) appearing for the Case

Blaine D. Gilman, C.R. Baldwin, Law Offices of C.R. Baldwin, Kenai, for appellant.

Andrew E. Hoge, Lisa A. Murkowski, Hoge & Lekisch, Anchorage, for Matanuska Telephone.

Cary R. Graves, Timothy J. Rogers, City Atty., Kenai, for City of Kenai.

Donald W. Edwards, Gen. Counsel, for amicus curiae Chugach Elec.

Mark Andrews, Asst. Borough Atty., Eugene Hardy, Borough Atty., Fairbanks, for amicus curiae Fairbanks North Star Borough.

No appearance by APUC.

Before RABINOWITZ, C.J., and BURKE, MATTHEWS, COMPTON and MOORE, JJ.

OPINION

BURKE, Justice.

In this case, the Alaska Public Utilities Commission (APUC) decided a dispute over who should bear the costs of relocating a utility's equipment in a municipal right of way when the municipality's own improvement project made the relocation necessary. On administrative appeal, the superior court found that the APUC had acted beyond its jurisdiction. We disagree. Accordingly, we reverse the...

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