Public Utility District No. 2 v. North American Foreign Trade Zone Industries, LLC

¶82 (dissenting) — Petitioner North American Foreign Trade Zone Industries, LLC (NAFTZI) had its private property condemned by Public Utility District No. 2 of Grant County (PUD), contrary to public notice requirements and without proving public use and necessity. This violates the Washington Constitution.

J.M. Johnson, J.

¶83 PUD owns and operates two power dams on the Columbia River in eastern Washington. The cheap hydroelectric power from these dams generated many times the power needed by PUD residents. In the wake of California’s 2000 energy crisis, PUD staff forecast huge revenues from…