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BALDWIN COUNTY ELEC. MEMBERSHIP CORP. v. CITY OF FAIRHOPE

1060475 and 1060545.

999 So.2d 448 (2008)

BALDWIN COUNTY ELECTRIC MEMBERSHIP CORPORATION v. CITY OF FAIRHOPE. City of Fairhope v. Baldwin County Electric Membership Corporation.

Supreme Court of Alabama.

As Modified on Denial of Rehearing June 13, 2008.

Attorney(s) appearing for the Case

Robert A. Huffaker of Rushton, Stakely, Johnston & Garrett, P.A., Montgomery; and Daniel G. Blackburn of Blackburn & Conner, P.C., Bay Minette, for appellant/cross-appellee Baldwin County Electric Membership Corporation.

Caine J. O'Rear III of Hand Arendall, L.L.C., Mobile, for appellee/cross-appellant City of Fairhope.

SEE, Justice.

This appeal and cross-appeal arise out of a civil action between two electric suppliers —Baldwin County Electric Membership Corporation ("Baldwin") and the City of Fairhope ("Fairhope"). Baldwin alleges that Fairhope is wrongly supplying electricity to premises Baldwin should be serving under the Service Territories for Electric Suppliers Act, § 37-14-30 et seq., Ala. Code 1975 ("the Act"), and seeks the prescribed statutory damages for Fairhope...

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