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CITY OF LIVERMORE v. PACIFIC GAS & ELECTRIC CO.

Docket No. A070278.

51 Cal.App.4th 1410 (1997)

CITY OF LIVERMORE, Plaintiff and Respondent, v. PACIFIC GAS AND ELECTRIC COMPANY, Defendant and Appellant.

Court of Appeals of California, First District, Division Three.

January 3, 1997.

Attorney(s) appearing for the Case

COUNSEL

Bruce R. Worthington, J. Michael Reidenbach, Richard L. Meiss and David J. Williamson for Defendant and Appellant.

Thomas R. Curry, City Attorney, Charles J. Williams and Teresa L. Highsmith for Plaintiff and Respondent.

Kane, Ballmer & Berkman, R. Bruce Tepper, Jr., Joseph W. Pannone, Michael J. Karger and Marc J. Manason as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

CORRIGAN, J.

(1a) When a municipal street-widening project is financed partly by assessment district funds and partly by fees imposed on development throughout the city, who must pay the cost of relocating utility poles to accommodate the new lanes of traffic? We conclude the utility company must pay.

Background

The facts relevant to this appeal are undisputed. Pacific Gas and Electric...

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