HAYDEN PINES WATER CO. v. IDAHO PUC

No. 19143.

834 P.2d 873 (1992)

122 Idaho 356

In the Matter of the Investigation of Certain Property and Contributions of Hayden Pines Water Company. HAYDEN PINES WATER COMPANY, Appellant, v. IDAHO PUBLIC UTILITIES COMMISSION, Respondent.

Supreme Court of Idaho, Boise, February 1992 Term.

July 9, 1992.


Attorney(s) appearing for the Case

Moffatt, Thomas, Barrett, Rock & Fields, Boise, for appellant. Morgan W. Richards, Jr. argued.

Larry EchoHawk, Atty. Gen., Lori K. Mann, Deputy Atty. Gen., Boise, for respondent. Lori K. Mann argued.


JOHNSON, Justice.

This is a public utilities case. The primary issue presented is whether the Public Utilities Commission's (PUC's) order requiring Hayden Pines Water Company (Hayden) to reduce its rates constituted a taking of Hayden's property without just compensation in violation of the United States Constitution and the Idaho Constitution. We conclude that the reduction was not unconstitutional.

A secondary issue is whether the PUC's direction that Hayden...

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