SOUTHWEST GAS CORP. v. MOHAVE COUNTY

No. 1 CA-CV 96-0347.

188 Ariz. 506 (1997)

937 P.2d 696

SOUTHWEST GAS CORPORATION, Plaintiff-Appellee, v. MOHAVE COUNTY; Mohave County Board of Supervisors; Pat Holt, Sam Standerfer and Joan C. Ward, in their capacities as Members of the Mohave County Board of Supervisors, Defendants-Appellants.

Court of Appeals of Arizona, Division 1, Department C.

Review Granted June 5, 1997.


Attorney(s) appearing for the Case

Wachtel, Biehn & Malm by James B. Wyss, Lake Havasu City, and Southwest Gas Corporation by Andrew W. Bettwy, Las Vegas, NV, for Plaintiff-Appellee.

William J. Ekstrom, Jr., Mohave County Attorney by Lance B. Payette, Deputy County Attorney, Kingman, for Defendants-Appellants.


OPINION

KLEINSCHMIDT, Judge.

The question in this case is whether a county has the authority to charge a public utility a fee as a condition of granting the utility a franchise to place its transmission lines under county roads and highways. We hold that a county does not have the power to charge such a fee because the legislature has not expressly conferred that power on counties, and it is not a power which is necessarily implied from the right...

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