Legal Opinion · Concurring in part, dissenting in part

Cox Oklahoma Telecom, LLC v. State Ex Rel. Oklahoma Corp. Commission

Supreme Court of Oklahoma

Decided July 3, 2007No. 102,392Published

1Concurring in part, dissenting in part

KAUGER, J.,

with whom WATT, J. joins, concurring in part/dissenting in part:

T1 I do not agree that the proceeding at issue is "more akin to legislation than to adjudication." Nearly 100 years ago, the United States Supreme Court in Prentis v. Atlantic Coast Line Co., 211 U.S. 210, 29 S.Ct. 67, 58 L.Ed. 150 (1908) discussed the proceedings of the Virginia State Corporation Commission and its attempt to enforce orders fixing passenger rates. The Court noted that the corporation commission has been clothed with legislative, judicial, and executive powers.

€ 2 The Court described a judicial inquiry…

2Cases cited9 opinions

  1. Prentis v. Atlantic Coast Line Co.Supreme Court of the United States · 1908
  2. Turpen v. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 1989
  3. Southwestern Bell Telephone Co. v. Oklahoma Corporation CommissionSupreme Court of Oklahoma · 1994
  4. Monson v. State Ex Rel. Oklahoma Corp. CommissionSupreme Court of Oklahoma · 1983
  5. Wiley v. Oklahoma Natural Gas CompanySupreme Court of Oklahoma · 1967

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