Legal Opinion · Dissent

Interstate Telephone Cooperative, Inc. v. Public Utilities Commission

South Dakota Supreme Court

Decided June 29, 1994No. 18182Published

1DissentWuest, Justice

1. The Public Utilities Commission is not properly bound by precedent in a similar matter.

The pivotal issue in this case is whether an administrative agency—a public service commission charged with the protection of the consuming public—is bound by precedent in a similar matter. In the present case, the *754record shows that the members of the PUC incorrectly felt strictly bound by precedent. Thus, the decision of the PUC in this matter was based on an error of law. This error is compounded by the majority’s refusal to allow the commissioners to decide this matter unbounded by the shackles of…

2Cases cited29 opinions

  1. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. National Labor Relations Board v. Bell Aerospace Co.Supreme Court of the United States · 1974
  4. National Labor Relations Board v. Wyman-Gordon Co.Supreme Court of the United States · 1969
  5. Atchison, Topeka & Santa Fe Railway Co. v. Wichita Board of TradeSupreme Court of the United States · 1973

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