Legal Opinion
State Ex Rel. Utilities Commission v. General Telephone Co. of the Southeast
Supreme Court of North Carolina
Decided June 16, 1972No. 5PublishedCited by 112 opinions
1Opinion of the Court
LAKE, Justice.
In the consideration of an appeal from an order of the Utilities Commission in a general rate case, such as this, it is necessary for the reviewing court to keep in mind certain fundamental facts and principles. Some of these are:
1. The State has granted to the utility company a legal monopoly upon a service vital to the economic well being and the domestic life of the people of a large territory. G.S. 62-110. This franchise is a property right of great value. Normally, when the grantee sells its business to another company, the monopolistic franchise commands a substantial…
2Cases cited67 opinions
- Federal Power Commission v. Hope Natural Gas Co.Supreme Court of the United States · 1944
- Smyth v. AmesSupreme Court of the United States · 1898
- The Minnesota Rate CasesSupreme Court of the United States · 1913
- Bluefield Water Works & Improvement Co. v. Public Service CommissionSupreme Court of the United States · 1923
- Smyth v. Ames; Smyth v. Smith; Smyth v. HigginsonSupreme Court of the United States · 1898
62 more not listed; retrieve them via the Exa API.
3Cited by112 opinions
- State v. TaylorSupreme Court of North Carolina · 1981
- State Ex Rel. Utilities Commission v. EdmistenSupreme Court of North Carolina · 1977
- Wagoner v. Elkin City Schools' Board of EducationCourt of Appeals of North Carolina · 1994
- State Ex Rel. Utilities Commission v. Public Staff-North Carolina Utilities CommissionSupreme Court of North Carolina · 1983
- State Ex Rel. Utilities Commission & Duke Power Co. v. EddlemanSupreme Court of North Carolina · 1987
107 more not listed; retrieve them via the Exa API.