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DOUGLAS COUNTY v. PUBLIC UTILITIES COM'N

No. 91SA79.

829 P.2d 1303 (1992)

The DOUGLAS COUNTY BOARD OF COMMISSIONERS, Petitioner-Appellee, v. The PUBLIC UTILITIES COMMISSION OF the STATE OF COLORADO and Commissioners Arnold H. Cook, Ronald L. Lehr, and Gary L. Nakarado, and the Public Service Company of Colorado, Respondents-Appellants.

Supreme Court of Colorado, En Banc.

As Modified on Denial of Rehearing June 1, 1992.

Attorney(s) appearing for the Case

Sherman & Howard, Steven H. Denman, Sean C. Lindsay, Denver, J. Mark Hannen, Douglas County Atty., Castle Rock, for petitioner-appellee.

Gale A. Norton, Atty. Gen., Raymond T. Slaughter, Chief Deputy Atty. Gen., Timothy M. Tymkovich, Sol. Gen., Mark W. Gerganoff, Asst. Atty. Gen., Denver, for respondents-appellants.

Kelly, Stansfield & O'Donnell, Kenneth V. Reif, Denver, for Public Service Co.

Lawrence F. Herbert, pro se, amicus curiae.

Chief Justice ROVIRA delivered the Opinion of the Court.

The Public Utilities Commission of the State of Colorado (PUC) and the Public Service Company of Colorado (PSCo) appeal an order of the Douglas County District Court, reversing a decision of the PUC which granted PSCo's application to upgrade an electric transmission line that runs through Douglas County.1 The district court determined that: (1) The Douglas County Board of Commissioners...

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