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CITY OF ST. HELENA v. PUBLIC UTILITIES COM'N

No. A104466.

14 Cal.Rptr.3d 713 (2004)

119 Cal.App.4th 793

CITY OF ST. HELENA, Petitioner, v. PUBLIC UTILITIES COMMISSION, Respondent; Napa Valley Wine Train, Inc., Real Party in Interest.

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

As Modified on Denial of Rehearing July 21, 2004.

Review Denied September 29, 2004.

Attorney(s) appearing for the Case

Patrick J. Power, Oakland, Counsel for petitioner.

Randolph L. Wu, Mary F. McKenzie, San Francisco, Judith Allen, Counsel for respondent.

Goodin, MacBride, Squeri, Ritchie & Day, James D. Squeri, San Francisco, Counsel for real party in interest.

Certified For Partial Publication.*

REARDON, J.

In this writ of review, the City of St. Helena (City or St. Helena) seeks annulment of various decisions of the state Public Utilities Commission (Commission or PUC) conferring public utility status on the Napa Valley Wine Train, Inc. (Wine Train). At issue is whether the City is preempted, by reason of the Wine Train's public utility status, from exercising its local jurisdiction...

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