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CITY OF FORT MORGAN v. COLORADO PUC

No. 06SA118.

159 P.3d 87 (2007)

CITY OF FORT MORGAN, Petitioner-Appellee v. The COLORADO PUBLIC UTILITIES COMMISSION; Commissioner Gregory E. Sopkin; Commissioner Polly Page; and Commissioner Carl Miller, Respondents-Appellants. and KN Wattenberg Transmission, L.L.C.; Leprino Foods Company; and Cargill Meat Solutions Corporation, Intervenors-Appellants.

Supreme Court of Colorado, En Banc.

April 23, 2007.

Attorney(s) appearing for the Case

Ryley Carlock & Applewhite, Dudley P. Spiller, Denver, Colorado, City Attorney, Eric C. Jorgenson, Fort Morgan, Colorado, Attorneys for Petitioner/Appellee.

John W. Suthers, Attorney General, David A. Beckett, Assistant Attorney General, Business and Licensing Section, Denver, Colorado, Attorneys for Respondents/Appellants Colorado Public Utilities Commission and Commissioners.

Beatty & Wozniak, P.C., Michael L. Beatty, Michael Noone, Denver, Colorado, Attorneys for Intervenor/Appellant KN Wattenberg Transmission, L.L.C.

Sherman & Howard, L.L.C., Leanne B. De Vos, Denver, Colorado, Attorneys for Intervenors/Appellants Cargill Meat Solutions Corporation and Leprino Foods Company.

Anderson, Dude & Lebel, P.C., Wm. Kelly Dude, Colorado Springs, Colorado, Colorado Municipal League, Geoffrey T. Wilson, Denver, Colorado, Attorneys for Amicus Curiae The Colorado Association of Municipal Utilities and The Colorado Municipal League in Support of the City of Fort Morgan.

Justice HOBBS delivered the Opinion of the Court.

In this appeal from the Morgan County District Court pursuant to section 40-6-115(5), C.R.S. (2006), we review and reverse a judgment of the district court setting aside a decision of the Public Utilities Commission ("PUC" or "Commission").1

Because the City of Fort Morgan, a home rule city, owns and operates a natural gas utility within its boundaries, the district court ruled...

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