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BEAR HOLLOW v. PUBLIC SERVICE COM'N

No. 20100329.

274 P.3d 956 (2012)

2012 UT 18

BEAR HOLLOW RESTORATION, LLC, Petitioner and Appellant, v. PUBLIC SERVICE COMMISSION OF UTAH, et al., Respondents and Appellees.

Supreme Court of Utah.

March 23, 2012.

Attorney(s) appearing for the Case

J. Craig Smith , Daniel J. McDonald , Kathryn J. Steffey , Salt Lake City, for petitioner.

David R. Clark , Salt Lake City, for respondent, Public Service Commission.

John S. Flitton, Jr. , Lara A. Swensen , Park City, for respondent, Summit Water Distribution Company.

Brent O. Hatch , Mitchell A. Stephens , Salt Lake City, for respondents, Leon H. Saunders , Stuart A. Knowles , and Lawrence R. Knowles .

Justice NEHRING, opinion of the Court:

INTRODUCTION

¶ 1 This is an appeal from the Public Service Commission's dismissal for lack of jurisdiction of a Complaint and Request for Agency Action. The complaint requested a review and investigation of Summit Water Distribution Company's (SWDC) exemption from public regulation and was filed by one of SWDC's minority shareholders, Bear Hollow. The Commission dismissed the complaint on the basis that SWDC was...

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